OF 


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Copyright,  191 2, 
By  D.  C.  Heath  &  Co. 

I  E4 


•:  ••• 


INTRODUCTION 

A  State,  according  to  Woolsey,  is  a  community  of 
persons  living  within  certain  limits  of  territory,  under 
a  permanent  organization  which  aims  to  secure  the  preva- 
lence of  justice  by  self-imposed  laws.  The  organ  of  the 
state  by  which  its  relations  with  other  states  are  managed 
is  the  government.  So  when  we  speak  of  the  State  of 
Utah  we  mean  the  territory,  the  people,  the  government, 
and  the  laws. 

Territory.  To  be  a  state  a  community  in  these  days 
must  have  a  permanent  abode.  The  boundaries  of  the 
territory  must  be  defined  with  reasonable  accuracy.  The 
people  who  constitute  the  community  must  have  a  settled 
abode.  Wandering  tribes  like  Indians  would  not  be  con- 
sidered a  state.  People  wandering  to  and  fro  without 
a  fixed  habitat  like  the  Indians  could  not  constitute  a 
state. 

The  people,  with  their  customs,  institutions,  and  political 
and  religious  ideas,  make  the  written  and  unwritten  con- 
stitution and  laws.  In  our  land,  from  the  Atlantic  to  the 
Pacific,  our  institutions  are  very  similar.  This  is  due 
to  the  fact  that  our  people  live  and  think  very  much 
the  same. 

Laws.  In  state  and  nation  we  have  two  kinds  of  laws : 
the  fundamental  laws,  commonly  known  as  constitutions 
and  voted  upon  by  the  voters;  and  the  ordinary  laws 
made  by  the  legislatures.     Constitutions  can  generally  be 

iii 


IV  INTRODUCTION 

amended  or  changed  only  after  serious  deliberation  by 
the  legislature  or  by  a  constitutional  convention  and  by  a 
vote  of  the  people.  Laws,  on  the  other  hand,  can  be 
changed  by  the  legislature  at  its  will. 

Government,  Government  is  the  instrument  by  which 
the  people  express  and  enforce  their  will.  The  voters, 
by  means  of  the  ballot,  elect  men  to  represent  them  in 
the  legislature  to  make  the  laws,  and  also  ofhcials  to 
enforce  the  laws.  If  we  are  to  have  good  efficient  govern- 
ment, it  is  very  essential  that  honorable  and  capable  men 
be  elected  to  represent  us  in  all  official  positions.  An 
officer  of  the  law  is  entitled  to  and  should  receive  respect 
and  support.  It  is  much  easier  for  a  good  man  to  secure 
and  retain  such  respect,  and  we  are  almost  certain  to 
obtain  a  better  enforcement  of  the  laws. 


CONTENTS 

CHAPTER  I 
HISTORICAL  SKETCH   OF  UTAH 

TAG* 

Spanish  Explorers i 

Hunters  and  Trappers lo 

Emigration 18 

Pioneers 21 

CHAPTER   II 
THE  GOVERNMENT   BEFORE   STATEHOOD 

Spanish  Colonial  Government 24 

Territorial  Government 25 

CHAPTER   III 

STATE  GOVERNMENT 

State  Government 32 

CHAPTER   IV 
GOVERNMENT  OF  UTAH 

Preamble  and  Citizenship 36 

Legislative  Department 43 

Executive  Department 52 

Judicial  Department 58 

Appointive  Offickrs 66 

State  Boards  and  Commissions 73 

CHAPTER  V 

COUNTY  GOVERNMENT 

County  Government 85 

V 


Vi  CONTENTS 

CHAPTER   VI  . 
LOCAL  GOVERNMENT 

PAGB 

Local  Government icx) 

CHAPTER  VII 

EDUCATION 

Education 117 

CHAPTER  VIII 

TAXATION 

Taxation 129 

CHAPTER   IX 

PENAL   AND   CHARITABLE   INSTITUTIONS 
Penal  and  Charitable  Institutions 133 

CHAPTER   X 

POLITICAL  PARTIES 

Political  Parties 135 

CHAPTER   XI 

REGISTRATION   AND   ELECTIONS 

Registration  and  Elections 141 

APPENDIX 
State  Officers i47 

CONSTITUTION 

Constitution  of  the  State  of  Utah 149 

Index  . 197 


MAPS 

rAGB 

Routes  of  de  Cardenas  and  op  Domingues  and  Escalante  4 

Spanish  Trail 9 

Route  of  Jedidiah  S.  Smith,  1826 14 

Route  of  Bonneville,  1831-33 15 

Route  of  Fremont,  1843-44 19 

Route  of  Pioneers  op  1847 22 

Proposed  State  of  Deseret,  1849 27 

Territory  of  Utah,  1850 29 


ILLUSTRATIONS 

Capitol  of  Utah Frontispiece 

Agricultural  College Facing  76 

City  and  County  Building "86 

University  of  Utah "126 


Tfi 


CIVIL  GOVERNMENT 
OF    UTAH 

CHAPTER   I 

HISTORICAL   SKETCH   OF  IDTAH 

Spanish  Explorers 

At  the  time  of  the  Spanish  Conquest  of  Mexico  (15 19) 
the  Pueblo  Indians  dwelt  along  the  Colorado  River  in 
Utah,  Colorado,  Arizona,  and  New  Mexico.  They  were 
more  highly  civilized  than  any  other  of  the  Indian  races 
of  North  America,  with  the  exception  of  the  Aztecs  and 
Moyas.  They  kept  flocks  of  sheep,  raised  corn,  manu- 
factured blankets  and  other  crude  articles  needed  by  a 
primitive  people.  Their  houses  were  constructed  of  stone 
or  adobe. 

These  conditions  were  so  far  in  advance  of  the  surround- 
ing tribes  that  exaggerated  rumors  of  their  greatness  had 
spread  to  many  tribes.  The  stories  grew  in  extent  as 
they  traveled  until  they  reached  the  ears  of  the  Spanish 
rulers  far  to  the  south.  To  them  the  country  became 
known  as  the  "  Land  of  the  Seven  Cities,"  which  was  rich 
beyond  comparison  in  silver,  gold,  and  topazes. 

The  earliest  apparently  reliable  bearer  of  these  tales 
was  Tejos,  a  Spanish  slave,  who  was  the  son  of  an  Indian 
feather  dealer.  So  truthful  did  his  stories  appear  that 
Nuflo  de  Guzman,  ruler  of  Spanish  America,  set  out  in 
1530  with  a  force  of  four  hundred  soldiers  and  twenty 


2  mSTORICAL  SKETCH  OF  UTAH 

thousand  natives  in  search  of  the  fertile  country  and  rich 
people  to  the  north.  He  had  not  gone  far,  however,  be- 
fore the  difficulties  of  the  march  in  the  wild  country  and 
pathless  mountains  discouraged  his  soldiers  and  wore  out 
the  Indians.  They  all  became  disheartened  and  returned 
to  Mexico. 

Meanwhile  the  Indian  guide,  Tejos,  had  died,  but  after 
Cabeza  de  Vaca  had  completed  his  famous  trip  from  Flor- 
ida across  the  continent,  he  brought  to  his  Spanish  country- 
men glowing  accounts  of  a  civilized  people  dwelling  in 
houses  and  large  cities  near  what  we  know  as  the  Rocky 
Mountains.  As  soon  as  De  Vaca  and  his  company  reached 
Mexico,  his  supposed  discoveries  were  communicated  to 
Mendoza,  the  viceroy  or  supreme  Spanish  ruler  of  North 
America,  and  Mendoza  informed  Coronado,  the  governor  of 
New  Gallicia,  one  of  the  northern  provinces  of  what  we 
know  as  Mexico.  Acting  upon  the  advice  of  the  viceroy, 
Coronado  enlisted  an  army  and  began  a  northward  march 
from  the  City  of  Mexico  to  the  "  Land  of  the  Seven  Cities." 
The  road  of  march  lay  in  a  country  so  rough  and  dry  as 
to  make  it  almost  impossible  to  complete  the  journey. 
Early  in  August,  1 540,  however,  the  land  of  "  Cibola  "  was 
reached.  This  was  the  point  where  rumors  claimed  the 
location  of  the  "  Seven  Cities."  Imagine,  if  you  can,  in- 
stead of  several  cities,  a  small  Indian  village  containing 
about  two  hundred  inhabitants. 

Coronado  with  a  small  band  had  pushed  on  ahead  of  the 
army.  So,  at  Cibola,  now  known  as  Zuni,  in  New  Mexico, 
a  rest  was  taken  in  order  for  the  main  army  to  overtake 
them.  It  is  at  this  point  that  our  real  interest  in  the 
journey  begins.  During  this  delay,  expeditions  were  sent 
out  in  various  directions.  One  of  these  expeditions  under 
Pedro  de  Tabor  and  Father  Fadilla  proceeded  northwest 


SPANISH  EXPLORERS  3 

and  in  five  days  reached  Tuscayan,  or  the  Moqui  villages, 
—  villages  of  Cliff  Dwellers,  —  which  were  readily  captured. 
From  the  Moqui  Indians  they  learned  of  a  large  river 
lying  to  the  north  and  upon  their  return  to  Cibola,  Tabor 
and  Padilla  reported  to  Coronado  what  they  had  heard. 
Whereupon  Captain  Garcia  Lopez  de  Cardenas  was  dis- 
patched with  twelve  men  to  explore  the  new  stream. 
From  the  Moqui  villages  Cardenas  marched  twenty  days 
in  a  northwesterly  direction  until  he  reached  a  river,  since 
known  as  the  Colorado.  Cardenas  and  his  companions 
were  possibly  the  first  Europeans  to  set  foot  upon  the  soil 
of  the  present  state  of  Utah. 

The  gorge  of  the  stream,  the  Grand  Caflon  of  Colorado, 
was  so  deep,  however,  that  it  was  impossible  to  reach  the 
bottom  of  the  carton,  so  they  returned  to  Tuscayon,  and 
and  from  there  to  Cibola.  The  visit  was  brief  in  the  ex- 
treme and  little  information  was  obtained,  but  it  was  the 
first  effort  of  civilized  man  to  learn  something  of  the  great 
intermountain  country. 

It  is  a  long  time  from  1 540  to  1 776,  the  date  of  the  next 
expedition  that  set  out  to  explore  the  territory  now  em- 
braced within  our  state.  This  attempt  was  again  from  the 
south.  Father  Junipero  Serra  in  1770  urged  that  efforts 
be  made  to  discover,  if  possible,  a  route  from  Santa  Fe, 
New  Mexico,  to  Monterey,  California.  It  was  not,  how- 
ever, until  July  29,  1776,  that  the  attempt  was  made  by 
two  priests,  Dominguez  and  Escalante  and  seven  others. 
Father  Escalante  was  a  Spanish  priest  and  a  missionary  to 
the  Indians.  From  Santa  Fe,  their  starting  point,  the 
small  company  traveled  northwest  until  they  reached  Abi 
quiu.  From  Abiquiu  they  went  almost  directly  north  to 
Nieves  and  from  there  down  the  north  bank  of  the  San 
Juan  river  for  some  distance,  and  then  turning,  the  ex- 


4  fflSTORICAL  SKETCH  OF  UTAH 

plorers  went  directly  north  to  the  Grand  River.  Continu- 
ing northward,  on  the  loth  of  August,  1776,  they  camped 
upon  the  White  River  within  the  present  boundaries  of  the 
state  of  Utah. 

On  the  Grand  River  they  found  a  settlement  of   the 
Yutas.      From  these  they  tried  to  secure  guides  to  direct 


Route  of  De  Cardenas,  1540,  and  of  Domingues  and  Escalante, 

1776-77 

them  to  the  land  of  Timpanogas,  where  they  expected  to 
find  Pueblo  towns.  The  Indians,  however,  were  afraid,  and 
would  not  provide  guides.  Signs  of  buffalo  were  present 
and  one  was  killed  for  food. 

From  the  White  River  the  company  journeyed  west  un- 
til it  reached  the  Green  River,  followed  down  this  stream 
to  within  a  short  distance  of  the  mouth  of  the  Uinta; 
crossed  the  Green,  traveled  westwardly  up  along  the  north 
bank  of  the  Uinta,  forded  the  Duchesne  Fork.  From  this 
point,  with  considerable  difficulty,  the  explorers  made  their 


SPANISH  EXPLORERS  5 

way  to  the  headwaters  of  the  Timpanogas  River.  This 
stream  was  followed  until  the  level  country  (Land  of  Tim- 
panogas) surrounding  Utah  Lake  was  reached.  Father 
Escalante  describes  the  people  and  the  territory  surround- 
ing Utah  Lake :  — 

'*  North  of  the  river  of  San  Buenaventura  (Green  River) 
as  we  have  shown  before,  there  is  a  range  of  mountains 
that,  so  far  as  we  could  learn,  extends  from  the  northeast 
to  the  southwest  more  than  seventy  leagues,  and  in  width 
more  than  forty,  and  where  we  crossed  it  is  more  than 
thirty  leagues.  In  the  western  part  of  these  mountains, 
in  latitude  40^49',  and  in  a  direction  a  quarter  northeast  of 
north  of  the  town  of  Santa  Fe,  in  the  *  Valley  of  Our  Lady 
of  Mercy  of  the  Timpanogas'  (Utah  Valley)  surrounded 
by  the  peaks  of  the  Sierra,  from  which  flow  four  rivers, 
which  flow  through  and  water  it,  until  they  enter  the  lake 
in  the  middle  of  it.  The  plain  of  the  valley  extends 
from  southeast  to  northwest,  sixteen  Spanish  leagues  (a 
league  is  2.4  miles)  and  from  northeast  to  southwest  ten  or 
twelve  leagues  ;  it  is  all  clean  land  and,  with  the  exception 
of  the  marshy  places  along  the  shores  of  the  lake,  very 
good  for  planting.  From  the  four  rivers  that  water  it  the 
first  flows  from  the  south,  and  is  the  Aguas  Calientes 
(Currant  Creek),  in  whose  broad  plains  is  sufficient  culti- 
vatable  land  for  two  large  villages.  The  second,  following 
the  first,  three  leagues  to  the  north,  and  with  more  water 
than  the  first,  could  maintain  one  large  and  two  small  vil- 
lages. This  river,  before  entering  into  the  lake,  is  divided 
into  two  branches,  on  whose  banks  are  poplars  and  large  al- 
der trees.  We  named  this  river  San  Nicholas  (Spanish  Fork 
River).  Three  leagues  and  a  half  from  this  to  the  north- 
west is  a  river  which  runs  through  large  plains  of  good 
planting  land.      It  has  more  water  than  the  two  preceding 


6  HISTORICAL  SKETCH  OF  UTAH 

ones  ;  it  has  larger  groves  and  plenty  of  good  land,  if  irri- 
gated, for  two  or  even  three  large  villages.  We  were  near 
this  river  the  24th,  and  the  25th,  and  we  named  it  Rio 
de  San  Antonia  de  Padua  (Saint  Anthony  of  Padua) 
(Provo  River).  To  the  fourth  river  we  did  not  go,  al- 
though we  saw  it.  It  has  on  each  side  of  it  much  level 
ground.  They  told  us  that  it  had  as  much  water  as  the 
others,  and  so  I  am  satisfied  we  could  establish  there  some 
ranches  and  towns.  We  named  it  the  river  of  Santa  Ana 
(American  Fork  River). 

"Aside  from  these  rivers,  there  are  in  the  plain  many 
pools  of  good  water,  and  several  fountains,  which  flow  down 
from  the  mountains.  From  what  we  have  just  said  about 
the  settlements,  let  it  be  understood  that  we  wish  to  give  to 
each  one  more  land  than  he  really  needs,  but  if  each  settle- 
ment took  only  one  league  for  cultivation,  there  would  be 
room  in  the  valley  for  as  many  villages  of  Indians  as  there 
are  in  New  Mexico ;  because  although  in  the  northerly  direc- 
tion we  gave  to  it  the  above  dimensions  ( though  it  has  more  ), 
on  the  south  it  also  has  large  spaces  of  good  ground. 
There  is  everywhere  good  abundant  pasturage,  and  in  some 
parts  flax  and  hemp  grow  in  such  abundance  that  it  seems 
to  have  been  planted. 

*'The  climate  here  is  good,  and,  having  suffered  so  much 
from  cold  since  leaving  the  river  of  San  Buenaventura 
(Green  River),  we  found  this  valley  very  comfortable  both 
day  and  night.  Aside  from  all  these  advantages,  in  the 
range  that  surrounds  the  valley  there  is  plenty  of  wood 
and  timber,  plenty  of  shelter,  water,  and  grass,  to  raise 
herds  of  cattle  and  horses ;  that  is,  in  the  northern,  north- 
east, east,  and  southeastern  parts.  In  the  south  and  south- 
west it  has  two  other  extended  valleys,  also  with  abundant 
grass   and   sufficient   water.      One   of    these    extends    to 


SPANISH   EXPLORERS  7 

the  lake.  It  (the  lake)  is  six  leagues  wide  and  fifteen 
leagues  long;  it  extends  to  the  northwest  and,  as  we  are 
told,  is  connected  by  a  river  with  a  larger  lake.  This  lake 
of  the  Timpanogas  abounds  in  many  kinds  of  good  fish 
and  in  geese  and  other  fowl  that  we  had  not  time  to  see. 
"The  Indians  of  whom  we  have  spoken  live  in  the  neigh- 
borhood, and  subsist  upon  the  abundant  fish  of  the  lake, 
from  which  reason  the  Yutas  and  the  Sabueganas  called 
them  the  Fisheaters.  They  also  gather  seeds  and  herbs, 
and  from  them  make  atole  (a  kind  of  gruel);  they  also 
hunt  wild  hares,  rabbits,  and  fowls,  which  are  very  abun- 
dant here.  There  are  also  buffalo,  not  far  away,  to  the 
north-northwest,  but  fear  of  the  Comanches  hinders  these 
Indians  from  hunting  them.  Their  dwelling  places  are  huts 
of  cane.  From  cane  they  also  make  curious  baskets  and 
other  useful  articles.  They  are  very  poorly  clothed ;  the 
most  decent  garment  they  wear  is  a  jacket  of  buckskin 
and  moccasins  and  leggings  of  the  same.  For  cold 
weather  they  have  blankets  made  of  rabbit  skins;  they 
use  the  Yuta  language,  but  with  a  great  many  changes 
and  accents,  and  even  some  foreign  words.  They  are 
good  looking  and  most  of  them  without  any  beard.  In  all 
parts  of  these  mountains  there  live  a  great  many  of  the 
same  people  as  the  Lagunas,  with  the  same  language  and 
gentleness,  among  whom  might  be  formed  a  province  of 
many  large  settlements.  The  names  of  the  chiefs  that 
are  in  the  token  spoken  of  above  are  in  their  own  lan- 
guage, the  Big  Chief,  being  Turu;*  the  second,  Cuitza; 
of  the  third,  which  is  our  Silvestre,  Panchu^  (which 
means  spokesman),  who  is  not  a  chief,  but  is  a  brother 
of  the  Big  Chief,  Pichu.^ 

1  Names  in  full:  Toru  Nuanchi;  Caitza  Pununchi;   Panchu  Cumquibiran; 
Pichuchi. 


8  HISTORICAL  SKETCH  OF  UTAH 

"  The  other  lake  that  joins  this  one  occupies,  as  we  are 
told,  many  leagues,  and  its  waters  are  very  harmful  and 
very  salty ;  the  Timpanogas  assured  us  that  any  one  who 
moistened  any  part  of  the  body  with  it  would  at  once  feel 
the  part  bathed  greatly  inflamed.  They  told  us  that  near 
the  lake  there  lived  a  tribe  very  numerous  and  very  quiet, 
who  were  called  Paua,^  which  in  our  tongue  means  sor- 
cerers ;  they  speak  the  languages  of  the  Comanches ;  they 
live  on  herbs  and  drink  from  the  many  fountains  that  are 
near  the  lake,  and  their  houses  are  of  dry  grass  and  earth. 
They  are  not  enemies  of  the  Lagunas,  as  some  have  said, 
but  since  a  certain  occasion  when  they  killed  a  man,  they 
have  not  been  so  neutral  as  before.  On  this  occasion  they 
entered  by  the  last  pass  in  the  Sierra  Blanca  de  los  Tim- 
panogas by  a  quarter  north  to  the  northwest,  and  by  this 
same  pass  they  say  the  Comanches  enter,  but  not  very 
frequently. 

"  Los  Timpanogas  are  so  called  because  of  the  lake  on 
which  they  live,  which  is  called  Timpanogas  (Utah  Lake), 
the  name  being  peculiar  to  this  lake  because  the  ordinary 
name  which  they  give  to  any  lake  is  Pagarrori.  It  is  six 
leagues  wide  and  fifteen  long,  to  the  narrow  pass  and 
drains  into  the  other  lake." 

After  a  few  days'  rest  for  man  and  animals  on  the  bor- 
ders of  the  lake,  the  company  thought  they  must  journey 
on.  They  felt  that  they  had  gone  far  enough  to  the  north- 
west and  must  turn  and  go  southwest  to  reach  Monterey. 
On  September  26,  with  two  Indian  guides,  the  march  was 
begun  through  the  Sevier  Lake  and  River  regions.  Many 
of  the  natives  along  the  way  were  questioned  as  to  a  route 
to  the  sea,  but  they  knew  nothing.  By  this  time  part  of 
the  men  were  tired  and  wanted  to  return  to  Santa  Fe ; 

1  Name  in  full :  Paua  Guampors. 


SPANISH  EXPLORERS  9 

Others  desired  to  continue  on  to  the  sea.  As  a  means  of 
determining  the  proper  course  to  pursue,  prayer  was  of- 
fered and  the  answer  came  that  in  consequence  of  the 
lateness  and  coldness  of  the  season  and  the  dampness  of 
the  weather  that  it  would  be  impossible  to  reach  Monterey 
before  winter  set  in  and  that  the  company  should  return 


Spanish  Trail 


to  Santa  Fe.  The  idea  of  going  to  the  coast  was,  there- 
fore, abandoned.  Turning  now  to  the  eastward  they  de- 
cided to  go  by  the  nearest  route  possible  back  to  Santa 
Fe.  After  traveling  a  long  and  circuitous  way,  the  com- 
pany finally  reached  the  Grand  Caflon  of  the  Colorado. 
Twelve  days  were  spent  in  unsuccessful  attempts  to  cross 
the  river  before  a  ford  was  found.  Finally  a  crossing  was 
made  at  about  the  point  where  the  southern  boundary  line 
of  Utah  intersects  the  river.  This  accomplished,  it  did  not 
take  long  to  reach  the  villages  of  the  Moqui  or  cliff-dwell- 


lO  HISTORICAL  SKETCH  OF   UTAH 

ing  Indians  and  to  go  from  there  to  Cibola  or  Zuni,  and 
from  there  to  Santa  Fe. 

In  the  later  part  of  the  expedition  the  party  suffered 
considerably  for  want  of  food  and  water.  The  Indians 
supplied  small  amounts,  but  not  sufficient  to  feed  the  men. 
Game  was  killed  and  finally  pack  horses  were  slaughtered 
and  eaten  to  prevent  starvation. 

Dominguez,  Escalante,  and  their  company  were  the  sec- 
ond group  of  Europelans  to  visit  Utah.  They  are  worthy 
of  our  remembrance  and  gratitude  because  they  revealed 
to  the  Old  World  so  much  of  the  New. 

Hunters  and  Trappers 

The  Spanish  adventurers  explored  the  Western  world  in 
search  of  gold  and  treasure.  They  did  not  come  to  make 
homes.  The  Spanish  Catholic  priests  came  to  convert  the 
Indians  to  Christianity  and  to  train  them  in  civilization. 
In  the  western  part  of  the  United  States  they  were  the 
forerunners  of  the  hunters,  pathfinders,  pioneers,  and  colo- 
nizers. After  the  Spanish  explorers  and  priests,  and  be- 
fore the  Anglo-Saxon  settlers,  came  the  American,  English, 
and  French  hunters  and  trappers.  They  were  rovers  and 
searchers  after  fur-bearing  animals.  They  undoubtedly 
explored  the  largest  part  of  the  Rocky  Mountains  and 
Western  plains,  but  made  no  written  records  or  maps  of 
their  travels.  They  went  wherever  wild  game  was  plenti- 
ful. No  record  of  even  tolerable  completeness  exists  of 
their  doings  in  the  wilds  of  western  America,  and  it  would 
be  impossible  to  tell  of  the  wanderings  of  more  than  the 
most  prominent. 

After  1826,  thousands  frequented  the  fur-producing  re- 
gions. So  many,  in  fact,  wandered  all  over  the  mountains, 
and  up  and  down  the  streams,  that  it  would  appear  that 


HUNTERS  AND   TIL\PPERS  II 

the  banks  of  nearly  every  stream  had  been  the  camping 
ground  of  white  men. 

Among  the  first  of  those  of  authentic  history  to  visit 
Utah  was  James  Bridger.  To  him,  many  claim,  belongs 
the  honor  of  discovering  the  Great  Salt  Lake.  During 
the  years  1824  and  1825,  Bridger,  together  with  a  com- 
pany of  hunters  and  trappers,  ascended  the  Missouri  River 
and  its  branches,  and  traveled  by  the  South  Pass  into  the 
Rocky  Mountains  until  they  found  themselves  on  the 
headwaters  of  Bear  River.  Following  this  stream  down 
from  its  source,  they  reached  Cache,  or  Willow  Valley, 
where  they  determined  to  winter.  Bridger  was  interested 
in  finding  the  outlet  of  the  Bear  River  and  as  a  conse- 
quence followed  it  through  the  mountains  until  it  entered 
the  lake.  There  was  an  old  map  which  placed  an  arm  of 
the  ocean  extending  far  inland,  and  Captain  Bridger  be- 
lieved, when  he  found  that  the  waters  of  the  lake  were 
salty,  that  he  had  discovered  an  arm  of  the  Pacific  Ocean. 
This  belief  led  him  to  explore  the  lake  in  boats  in  the 
hope  of  discovering  the  ocean.  He  was  disappointed, 
however,  in  finding  no  outlet  to  the  body  of  salty  water. 
As  his  boats  explored  the  west  side  of  the  lake,  where 
few  if  any  fresh  water  streams  enter,  he  did  not  find  any 
beavers.  He  found  few,  if  any,  fur-bearing  animals.  Later, 
however,  the  streams  and  fresh  water  lakes  of  Utah  became 
known  as  rich  grounds  for  American  and  British  trappers. 

Dean  Harris  says  that  James  Bridger  was,  in  his  day, 
regarded  as  the  greatest  scout,  the  best  shot,  and  the  fore- 
most guide  and  hunter  of  the  Rocky  Mountains  and  the 
trans-Missouri  territory.  He  spent  thirty  years  among  the 
Indians  and  was,  upon  the  testimony  of  Father  De  Smet, 
"  one  of  the  truest  specimens  of  a  real  trapper  and  Rocky 
Mountain  man." 


12  HISTORICAL  SKETCH  OF  UTAH 

In  the  spring  of  1822  Major  Andrew  Henry  and  William 
A.  Ashley  of  St.  Louis  organized  the  Rocky  Mountain 
Fur  Company.  About  one  hundred  and  twenty  followers 
were  engaged  by  the  company  and  left  St.  Louis  for  the 
West.  Among  these  volunteers  was  a  young  man  by  the 
name  of  Etienne  Provot  (pronounced  Provo),  who  started 
out  to  trap  the  mink  and  beaver  of  the  streams.  The 
company  left  St.  Louis  in  April,  ascended  the  Missouri 
until  it  reached  the  mouth  of  the  Yellowstone,  where  a 
camp  was  established.  The  company  finally  reached  the 
Powder  River,  from  which  point  Etienne  Provot  with  a 
small  party  was  sent  to  explore  the  southwest.  Mr.  Chit- 
tenden in  his  book  on  the  "  American  Fur  Trade  "  tells  us 
that  tradition  says  that  late  in  the  fall  of  1823  Provot  and 
his  men  crossed  the  "  South  Pass."  He  further  maintains 
that  he  was  the  first  white  man  (American)  who  penetrated 
the  region  of  the  Great  Salt  Lake,  and  traveled  on  down 
to  Utah  Valley.  The  story  runs  that  Provot  (Provo  is 
named  for  him)  and  his  men  were  sitting  around  the  camp 
fire  near  the  mouth  of  Provo  River.  An  Indian  chief 
named  "  Mauvaise  Gauche "  and  a  small  band  of  his 
followers  visited  the  white  men's  camp  and  desired  to 
smoke  with  them  the  pipe  of  peace.  Provot  and  his  men 
gladly  assented,  but  the  chief  claimed  that  the  good  spirit 
of  the  Indians  would  not  be  present  as  long  as  iron  was 
present.  Suiting  the  action  to  the  word,  the  Indians  set 
their  knives  and  tomahawks  in  a  pile  some  distance  from 
the  fire.  To  humor  the  superstitions  of  the  Indians,  the 
whites  did  the  same,  and  began  to  smoke  the  pipe  of  peace 
around  the  fire. 

Suddenly  "  Mauvaise  Gauche  "  gave  a  war  cry  and  all 
at  once  his  men  sprang  to  their  feet  and  began  to  kill  the 
white  men  with  concealed  weapons.     The  attack  was  so 


HUNTERS  AND  TRAPPERS  13 

unexpected  and  sudden  that  seventeen  of  the  trappers  were 
murdered.  Provot  with  four  of  his  men  escaped  and  joined 
Ashley  in  the  valley  of  the  Green  River.  From  this  ex- 
perience the  place  became  known  as  Provot's  Hole. 

In  the  spring  of  1825  William  A.  Ashley  and  a  band  of 
followers,  with  Provot  as  a  guide,  left  Green  River  and 
crossed  over  to  the  present  site  of  Provo.  There  they 
erected  a  fort  which  has  since  been  known  as  Fort  Ashley. 
The  Indians  could  not  be  trusted  and  two  years  later  part 
of  the  company  returned  to  St.  Louis  and  brought  out  six 
cannon  to  protect  their  lives  and  property.  About  the 
same  time  a  Mr.  Green,  who,  two  years  previous,  had  been 
a  companion  explorer  with  Ashley,  came  out  and  occupied 
the  territory  in  Utah  County  to  the  north  and  west  of  the 
present  site  of  Provo. 

For  the  purpose  of  fur  hunting  Ashley's  company  carried 
on  wide  explorations,  extending  out  from  Provo  in  every 
direction.  Visits  were  made  to  Sevier  Lake,  which  for 
years  was  known  as  Ashley's  Lake.  Finally,  they  returned 
to  Green  River,  where  headquarters  of  the  company  had 
been  established.  Provot  continued  in  this  life  of  adventure 
almost  until  his  death.  We  hear  of  him  again  in  1858  in 
St.  Louis  telling  of  the  great  ravages  smallpox  was  making 
among  the  Indians.     He  died  in  St.  Louis  in  i860. 

These  men  were  neither  settlers  nor  students  of  geog- 
raphy, but  were  hunters  and  trappers.  Their  woeful  lack 
of  geography  is  shown,  when  as  bright  and  intelligent  a 
man  as  Ashley  seriously  considered  the  advisability  of  pre- 
paring boats  to  sail  down  the  Colorado  River  to  St. 
Louis. 

The  great  fur  companies,  besides  many  small  ones, 
were  operating  at  this  time  all  over  the  Rocky  Mountain 
region,  seeking  the  very  best  furs.     The  two  main  com- 


14 


HISTORICAL  SKETCH  OF   UTAH 


panics,  the  Northwest  Fur  Company  and  the  Hudson  Bay- 
Company,  finally  united  and  became  one.  One  of  their 
agents  was  Peter  Skeen  Ogden,  for  whom  Ogden  City  was 
named,  who,  as  purchasing  agent,  in  1823  secured  a  large 
quantity  of  furs  valued  at  about  ;^  175,000  and  stored  them 
on  the  Green  River.  The  same  year  Ashley  and  Henry 
began  to  move  into  Ogden's  territory,  the  Wasatch  region. 


Route  of  Jedidiah  S.  Smith,  1826 


Fearing,  for  the  safety  of  his  furs,  he  moved  them  into 
a  neighboring  valley  and  hid  them.  The  valley  has  since 
been  named  Cache  Valley  from  the  French  word  "cache," 
meaning  to  hide.  Ashley,  however,  found  the  furs,  appro- 
priated and  sold  them  in  St.  Louis. 

Information  is  not  obtainable  to  enable  us  to  follow  in 
full  the  hundreds  of  American  and  British  trappers  and 
hunters  who  traveled  over  the  Rocky  Mountains  and  the 
Great  Basin.  A  few  of  the  more  important  ones  may  be 
profitably  considered. 


HUNTERS  AND   TRAPPERS 


15 


Jedidiah  S.  Smith  and  his  company  of  fifteen  men  in 
1826  traveled  down  past  Utah  Lake,  along  the  Sevier 
River,  and  on  to  the  Rio  Virgin.  From  there  they  con- 
tinued on  to  San  Gabriel's  Mission  in  California.  The 
company  wintered  in  California,  and  in  the  summer  of  1827 
returned  to  Salt  Lake  by  way  of  the  San  Joaquin  Valley 
and  the  Sierra  Nevada  Mountains. 


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Route  of  Bonneville,  1831-33 


William  Wolf  skill  in  1830  entered  the  southeast  comer 
of  Utah  from  New  Mexico,  journeyed  northwest  until  he 
crossed  the  Colorado  and  Green  rivers,  and  then,  turning 
west,  continued  over  the  Spanish  trail  on  to  Los  Angeles 
by  way  of  the  Rio  Virgin. 

On  July  24,  1833,  Captain  Bonneville  ordered  a  brigade 
of  forty  men  to  set  out  from  Green  River  to  explore  the 
Great  Salt  Lake.  The  purpose  of  the  company  was  to 
pass  entirely  round  the  lake  and  to  make  surveys  in  order 


l6  HISTORICAL   SKETCH  OF  UT.\H 

to  be  able  to  prepare  maps  and  charts  of  it.  Captain  Bonne- 
ville made  elaborate  preparations  for  this  trip  of  explora- 
tion. The  territory,  now  known  as  Utah  and  Nevada,  lay  west 
of  the  buffalo  belt  and  had  not  been  as  thoroughly  explored 
as  the  regions  lying  farther  east.  Water  in  the  regions 
lying  north  and  west  of  the  lake  was  found  so  scarce  that  the 
company  was  compelled,  through  suffering,  to  give  up  the 
explorations  and  to  continue  on  to  the  Humboldt  River, 
and  from  there  to  the  coast.  Bonneville  and  his  company 
spent  several  days  among  the  Sierra  Nevada  Mountains 
enduring  intense  suffering.  When  they  reached  California, 
they  found  plenty  of  food  and  went  down  to  Monterey. 
It  was  on  the  bases  of  these  explorations  that  Captain 
Bonneville  claimed  to  be  the  real  discoverer  of  the  lake 
and  endeavored  to  have  it  bear  his  name. 

Father  De  Smet,  a  Catholic  priest,  decided  to  devote  his 
life  to  the  introduction  of  Christianity  among  the  Indians 
of  the  Great  Plains  and  the  Rocky  Mountains.  This 
meant  a  life  of  wandering  and  adventure.  On  May  lo, 
1838,  he  left  St.  Louis  and  started  on  his  first  mission  to 
the  Indian  tribes.  In  1840  he  began  a  long  journey  into 
the  Northwest  and  the  Rocky  Mountains  to  estabUsh  a 
number  of  missions  in  these  wild  regions.  Through  the 
editor  of  the  Precis  Historiqties  Bruxelles  he  tells  us 
that  "in  1841  I  traveled  much  of  this  valley  (Salt  Lake 
Valley)  in  my  rambles  in  the  Rocky  Mountains." 

By  means  of  the  explorations  made  on  this  journey  and 
others  he  gained  a  knowledge  of,  and  intimacy  with,  and  a 
friendship  for  the  Indians  and  the  country  which  was  to 
last  during  his  lifetime  and  was  to  become  very  valuable  to 
emigrant  and  pioneer  alike.  In  a  letter  to  his  nephew  in 
185 1  he  wrote  :  — 

"The    Great  Salt   Lake,   which    is   about    three    hun- 


HUNTERS  AND  TRAPPERS  1 7 

dred  miles  in  circumference,  lies  in  the  northern  part  of 
the  Great  Basin.  It  is  rather  shallow  in  the  portions 
thus  far  explored;  but  it  is  supposed  to  be  very  deep  in 
the  central  parts.  The  water  of  the  lake  is  more  salty 
than  sea  water.  Three  gallons  of  it  yield  a  gallon  of  salt 
of  the  greatest  purity,  whiteness,  and  fineness.  On  the 
northeast  of  the  lake  is  the  termination  of  the  valley  of 
the  Bear  River.  This  valley  is  thirty  miles  long  by 
twenty-two  wide,  and  communicates  with  another  valley, 
which  is  fifty  miles  by  eight  (Cache  Valley).  It  is  in  the 
first  valley,  inclosed  by  picturesque  mountains,  which  has 
taken  the  name  of  the  'Valley  of  the  Mormons,'  that 
their  capital  stands,  called  by  some  Great  Salt  Lake  City, 
and  by  others  Mormonville.  In  the  fall  of  1846,  as  I  drew 
near  to  the  frontiers  of  the  state  of  Missouri,  I  found  the 
advance  guard  of  the  Mormons,  numbering  about  ten 
thousand,  camped  on  the  territory  of  the  Omahas  not  far 
from  the  old  Council  Bluffs.  They  had  been  driven  out 
for  the  second  time  from  a  state  of  the  Union.  They  had 
resolved  to  winter  on  the  threshold  of  the  great  desert,  and 
then  move  onward  into  it,  to  put  distance  between  them 
and  their  persecutors,  without  even  knowing  at  that  time 
the  end  of  their  long  wanderings,  nor  the  place  where 
they  should  once  more  erect  themselves  permanent  dwell- 
ings. They  asked  me  a  thousand  questions  about  the 
regions  I  had  explored,  and  the  valley  which  I  have  just 
described  to  you,  pleased  them  greatly  from  the  account  I 
gave  them  of  it.  Was  that  what  determined  them  ?  I 
would  not  dare  to  assert  it.  They  are  there  !  In  the  last 
three  years  Utah  has  changed  its  aspect,  and  from  a 
desert  has  become  a  flourishing  territory  which  will  soon 
become  one  of  the  states  of  the  Union." 


1 8  HISTORICAL   SKETCH   OF   UTAH 

Emigration 

The  emigration  bound  for  Oregon  traveled  by  way  of 
the  South  Pass  to  Soda  Springs,  Fort  Hall,  and  northwest 
to  Oregon.  They  did  not  touch  the  territory  now  included 
within  the  state  of  Utah.  Those  bound  for  California 
went  through  the  South  Pass,  down  the  Bear  into  Cache 
Valley,  over  the  divide  into  Bear  River  Valley  to  about  the 
place  where  Corrine  is  now  located.  From  that  point 
they  journeyed  west  through  Utah  and  Nevada  to  Cali- 
fornia. Some  few  companies  went  by  way  of  Laramie 
through  the  South  Pass  to  the  Big  Sandy  River.  To 
avoid  a  desert  stretch,  they  went  down  the  Big  Sandy 
River  to  its  Junction  with  the  Green  River,  then  up  the 
Black  Fork  to  Fort  Bridger.  From  there  they  went  al- 
most due  west  by  way  of  Echo  Canon  down  the  Weber 
Canon.  The  companies,  headed  by  Hastings  and  Don- 
ner,  had  gone  over  this  trail  in  1846.  The  Hastings  com- 
pany had  entered  in  the  Salt  Lake  Valley  by  way  of  the 
Weber  Canon.  The  Donner  company,  however,  had,  in- 
stead of  going  down  the  Weber  Canon,  passed  up  the 
Weber  southerly  from  Echo  Canon  about  twelve  miles, 
then  westerly  into  Parley's  Park,  then  across  the  hills 
northerly  to  the  head  of  Emigration  Canon,  and  down  into 
the  valley. 

John  Fremont,  in  1843,  reached  Utah  by  the  Bear  River 
trail.  This  was  Captain  Bartlett's  route  in  1841.  On  the 
6th  of  September  he  stood  on  an  elevation  a  little  north 
of  the  Weber  River  and  beheld  the  Great  Salt  Lake.  He 
tried  to  make  himself  believe  that  he  was  the  discoverer 
of  the  lake  and  was  in  particular  the  first  man  to  sail  on  it. 
The  facts  were,  however,  that  the  lake  had  been  explored 
when   Fremont  was  a  mere  boy.     He  was  possibly  the 


EMIGR.\TION  19 

first  white  man  to  cross  over  to  one  of  the  islands,  where 
he  remained  all  night. 

From  Utah  he  went  to  Oregon  down  the  coast  and  back 
to  Utah  Lake  by  way  of  the  old  Spanish  route.  In  the 
following  spring,  1845,  Fremont,  together  with  his  company, 
again  visited  the  Great  Basin.  He  came  up  the  Arkansas 
and  Green  rivers,  over  the  headwaters  of  Timpanogas,  and 
down  to  Utah  Lake.     From  there  he  headed  toward  Salt 


Route  of  Fremont.  1843-44 

Lake,  and  camped  at  a  place  near  where  Great  Salt  Lake 
City  is  now  located.  He  explored  Antelope  Island  and 
the  southern  part  of  the  lake.  The  company  was  then 
divided  into  two  parts ;  one  followed  the  southern  route, 
and  the  other  the  northern  route  and  proceeded  on  to 
California. 

Fremont  says  of  the  Great  Basin  :  "  Taking  leave  at 
this  point  of  the  waters  of  the  Bear  River  and  of  the  geo- 
graphical basin  which  incloses  the  system  of  rivers  and 
creeks  which  belong  of  the  Great  Salt  Lake  ...  I  can 


20  HISTORICAL   SKETCH  OF  UTAH 

say  of  it  that  the  bottom  cf  this  river  and  some  of  the  creeks 
which  I  saw  form  a  natural  resting  place  for  travelers 
now,  and  in  all  time  to  come.  The  bottoms  are  extensive; 
water  excellent;  timber  sufficient;  soil  good  and  well 
adapted  to  the  grains  and  grasses  suited  to  such  an  elevated 
region.  A  military  post  and  a  civilized  settlement  here 
would  be  of  great  value,  and  cattle  and  horses  would  do 
well  where  grass  and  salt  so  much  abound.  The  lake 
would  furnish  exhaustless  supplies  of  salt.  All  the  moun- 
tain sides  here  are  covered  with  a  valuable  nutritious  grass, 
called  bunch  grass,  from  the  form  in  which  it  grows,  which 
has  a  second  growth  in  the  fall.  The  beasts  of  the  Indians 
are  fat  upon  it.  Our  own  found  a  good  substitute  ;  and 
its  quantity  will  sustain  any  amount  of  cattle  and  make 
this  truly  a  bucolic  region."  —  Fremoiifs  Report  of  His 
Explorations,  1842,  1843,  1844. 

By  this  time  people  of  the  East  possessed  considerable 
general  knowledge  of  the  West.  Societies  were  formed  in 
the  Eastern  and  Middle  states  to  provide  emigration  to 
Oregon  and  to  California. 

The  Annals  of  San  Francisco,  pp.  85,  %6,  published  by 
D.  Appleton  &  Co.,  says:  "As  early  as  1837  several  so- 
cieties were  formed  in  the  American  states  to  promote  emi- 
gration to  Oregon  and  California.  In  the  following  years, 
and  particularly  in  1843,  1844,  1845,  and  1846,  many  thou- 
sand emigrants  journeyed  across  the  Rocky,  or  Snowy, 
Mountains,  enduring  much  suffering  by  the  way,  to  settle 
in  California  and  the  adjacent  territory  of  Oregon." 

In  the  years  from  1843  to  1846  thousands  of  emigrants 
crossed  the  Rocky,  or  Snowy,  Mountains  to  settle  on  the 
Pacific  coast.  Some  of  the  earlier  emigrants  during  the 
first  season  did  not  get  beyond  Bear  or  Humboldt  rivers, 
where   they  were  compelled  to  winter;    later  companies 


PIONEERS  21 

succeeded  in  reaching  Oregon  or  California  in  one  summer. 
The  first  company  to  complete  the  trip  in  one  season 
probably  was  Dr.  Townshend,  in  1844.  Bancroft  tells 
us  that  in  1843  there  were  twenty  thousand  men  and 
women  on  the  frontiers  making  final  preparations  for 
the  transcontinental  trip.  The  procession  began  in  May 
and  from  then  until  the  beginning  of  June  the  trail  presented 
one  long  line  of  trains  and  pack  animals  from  the  starting 
point  to  Fort  Laramie.  Four  hundred  and  fifty-nine  teams 
were  counted  in  nine  miles.  At  night  there  were  camp 
fires  as  far  as  the  eye  could  reach.  —  History  of  California 
by  H.  H.  Bancroft,  Vol.  VI,  p.  146. 

Pioneers 

So  far,  this  narrative  has  dealt  with  men  who  possessed 
only  a  passing  interest  in  the  future  state.  They  were 
trappers,  hunters,  explorers,  not  home  seekers.  The  men 
who  had  visited  these  regions  were  in  pursuit  of  furs  or 
game;  adventurers  in  search  of  gold  or  treasures;  or 
emigrants  journeying  to  California  or  Oregon.  In  the 
spring  of  1847,  under  the  leadership  of  Brigham  Young, 
a  body  of  men  and  women,  who  had  been  driven  from 
their  homes,  journeyed  westward  in  search  of  suitable 
territory  on  which  to  build  homes  and  to  make  a  living. 
The  company  numbered  one  hundred  forty  men  and 
three  women.  The  equipment  consisted  of  teams  and 
seventy-three  wagons  loaded  with  food,  grains,  farm  im- 
plements, and  other  necessities  required  for  pioneering. 
The  route  lay  along  the  North  Platte  River.  Early  in 
June  the  company  reached  the  Black  Hills  by  way  of  Fort 
Laramie.  Here  a  rest  of  two  or  three  days  was  made  until 
ferryboats  could  be  built  to  cross  the  Platte  River.     The 


22 


HISTORICAL   SKETCH  OF  UTAH 


route  followed  was  a  little  north  of  the  Oregon  trail.  By 
the  latter  part  of  June  the  South  Pass  was  reached  and  then, 
skirting  the  Colorado  desert,  they  came  to  the  Green  River, 
which  they  forded  and  traveled  down  the  right  bank 
and  ever  a  sandy  plain  to  Black  Fork.  After  crossing 
several  small  streams  to  the  westward,  the  company,  on 
July  7,  finally  reached  Fort  Bridger. 

At  this  point  Brigham  Young  and  several  members  of 
the  company  were  stricken  with  mountain  fever.     Orson 


Route  of  Pioneers  of  1847 


Pratt  and  Erastus  Snow,  however,  with  a  strong  company 
were  ordered  to  move  forward  as  rapidly  as  possible. 
They  explored  Echo  Canon  to  see  if  Donner's  trail 
across  the  mountains  was  open.  Weber  Canon,  the 
route  usually  followed  by  emigrants  crossing  directly 
into  the  Basin,  was  impossible  on  account  of  high  waters. 
The  advance  company  traveled  down  the  Weber  Canon 
for  about  four  miles,  until  Donner's  trail  was  reached, 
then,  following  this  trail  over  steep  hills  and  rugged 
ravines,  they  reached  the  head  of  Emigration  Canon. 
Down  this  rough  gorge  the  pioneers,  divided  ,  into  three 
sections,  slowly  made  their  way.     Much  of  the  road  had 


PIONEERS  23 

to  be  made  before  the  teams  could  pass  over  it,  although 
it  had  been  previously  traveled.  On  July  24,  1847,  the 
main  body  of  the  pioneers  entered  the  Salt  Lake  Valley, 
which  had  been  previously  explored  by  two  of  their  mem- 
bers, Erastus  Snow  and  Orson  Pratt. 

Over  three  centuries  had  elapsed  since  the  first  white 
man  made  his  way  into  the  territory  to  be  known  as  Utah. 
Each  company  in  its  turn  had  come  and  gone.  The 
Spanish  explorers  came  to  seek  gold  and  treasure;  the 
American  trappers  and  hunters,  to  obtain  game  and  furs; 
but  the  pioneers,  to  build  homes  and  to  cultivate  the  soil. 
They  thereby  became  the  real  founders  of  the  common- 
wealth, and  the  establishers  of  government. 


CHAPTER   II 
THE   GOVERNMENT  BEFORE    STATEHOOD 

Spanish  Colonial  Government.  —  Thus  far  we  have  con- 
sidered only  the  explorations  of  the  early  adventurers  and 
the  pioneers,  but  the  purpose  of  the  book  is  a  study  of  the 
governments  before  and  after  the  advent  of  statehood  in 
Utah.  As  the  Spaniards  conquered  the  natives  they  at- 
tempted to  establish  settlements  and  governments  in  the 
different  territories.  In  1 5 1 1  Ferdinand  established  a 
council  to  conduct  the  affairs  of  the  Spanish- American 
colonies,  called  the  Council  of  the  Indies.  Charles  V  re- 
modeled and  improved  the  body.  It  possessed  jurisdic- 
tion over  every  department  of  government  in  Spanish 
America;  framed  all  the  laws  and  regulations  for  the 
colonies ;  made  all  appointments  reserved  to  the  crown ; 
and  all  officers  from  the  highest  to  the  lowest  were  ac- 
countable to  the  "  Council  of  the  Indies  "  for  their  conduct. 
The  king  was  supposed  to  be  present  at  all  meetings, 
which,  by  law,  were  to  be  held  where  he  resided.  It  re- 
quired a  majority  of  two  thirds  of  this  body  to  enact  any 
law  for  the  king's  distant  American  subjects.  This  body 
was  also  the  court  of  final  appeal  for  all  colonial  questions. 
It  was  generally  known  as  the  Court  of  Audience,  or  the 
Audiencia.  The  theory  of  government  held  in  Spain  at 
that  time  was  that  all  territory  and  all  political  and  civil 
authority  centered  in  the  king,  wholly  independent  of  the 
colonists  or  the  Spanish  nation. 

24 


THE   GOVERNMENT  BEFORE  STATEHOOD  25 

The  Spanish  possessions  in  America  were  divided  at 
first  into  two,  and  then  into  seven,  governments,  four  vice- 
royalties  and  three  captain-generalcies,  that  directly  repre- 
sented the  king.  For  executive  purposes  over  each 
general  division  there  was  a  viceroy  or  a  captain-general. 
The  authority  of  the  viceroy  in  civil,  military,  and  crim- 
inal matters  was  as  supreme  as  that  of  the  king.  Each  of 
the  general  divisions  was  divided  into  several  provinces, 
over  each  of  which  presided  a  governor.  Both  the  viceroy 
and  the  governor  were  appointed  directly  by  the  king  and 
the  Council  of  the  Indies,  but  the  governor  was  subject  to 
the  viceroy  in  almost  everything.  The  governor  frequently 
exercised  civil  and  military  authority.  If,  however,  there 
was  a  military  officer  in  the  province  of  the  rank  of  a 
"  commandant,"  he  exercised  military  control. 

For  administrative  purposes  the  provinces  were  divided 
into  departments,  at  the  head  of  each  of  which  was  a  dele- 
gate of  the  governor. 

The  supreme  judicial  authority  was  vested  in  the  Court 
of  the  Audience  (Audiencia)  in  Spain,  but  an  inferior 
court  of  similar  authority  was  provided  for  each  province. 

The  number  of  judges  varied  according  to  the  popula- 
tion and  the  business  of  the  province.  The  governors 
and  the  delegates  of  the  governors  were  authorized  to  ex- 
ercise judicial  authority.  In  no  department  or  division  of 
government  was  there  the  least  semblance  of  popular 
rule. 

Territorial  Government.  —  When  the  pioneers  entered 
the  Great  Salt  Lake  Valley,  July  24,  1847,  it  was  Mexican 
territory  and  theoretically  was  under  the  control  of  the 
Spanish  provincial  government  of  California ;  practically, 
however,  it  was  devoid  of  civil  authority.  No  attempt 
had,  at  any  time,  been  made  to  exercise  any  police  control 


26  CIML    GOVERNMENT  OF   UT.\H 

over  this  region.  About  this  time  the  United  States  was 
engaged  in  a  war  with  Mexico,  and  as  a  result  of  the 
treaty  of  peace  of  Guadalupe-Hidalgo,  February  2,  1848, 
between  the  two  nations,  the  vast  territory  now  embraced 
within  the  states  of  California,  New  Mexico,  Arizona,  and 
Utah  was  ceded  to  the  United  States.  From  the  conclu- 
sion of  the  treaty  until  September,  1850,  there  was  not 
even,  theoretically,  any  pretense  at  civil  authority,  owing  to 
the  failure  of  the  United  States  to  enact  legislation  to  estab- 
lish some  form  of  territorial  government.  The  neglect  of 
the  federal  government  was  due  in  the  main  to  the  igno- 
rance of  the  true  conditions.  Many  members  of  Congress 
believed  that  the  newly  acquired  territory  was  a  wild,  barren 
desert  unfit  for  the  habitation  of  man. 

The  pioneers,  like  other  frontiers  people,  were  left  to 
care  for  themselves,  and  as  they  were  an  intensely  religious 
people,  church  government  controlled  in  civil  affairs  for  a 
period  of  two  years.  Police  and  peace  officers,  as  well  as 
assessors  and  collectors  of  taxes,  were  elected  at  the  religious 
conferences  of  the  people. 

A  call  was  issued  early  in  1849  by  residents  of  Salt  Lake 
City  and  addressed  "  to  all  the  citizens  of  that  portion  of 
Upper  California  lying  east  of  the  Sierra  Nevada  Moun- 
tains "  to  meet  in  convention.  The  convention  convened 
in  Salt  Lake  City  early  in  March  and  decided  to  petition 
Congress  for  a  territorial  form  of  government.  Later  in 
the  same  month  a  numerously  signed  memorial  was  for- 
warded to  Washington  asking  Congress  to  pass  the  neces- 
sary legislation  to  provide  a  government.  The  new 
territory  was  to  be  known  by  the  name  of  "  Deseret "  and 
to  include  all  that  vast  region  extending  from  Oregon,  on 
the  north,  to  Mexico,  on  the  south ;  and  from  the  water- 
shed of  the  Rockies,  on  the  east,  to  the  Sierra  Nevada,  on 


THE  GOVERNMENT  BEFORE  STATEHOOD 


27 


the  west,  embracing,  as  it  did,  a  considerable  portion  of  the 
seacoastof  southern  California.  A  temporary  government 
was  to  be  organized  pending  the  action  of  Congress.  The 
convention  elected  a  committee  to  prepare  a  constitution 
which  was  adopted  upon  its  recommendation.  The  pre- 
amble of  the  document  said  it  was  to  remain  in  force 
*•  until  the  Congress  of  the  United  States  shall  otherwise 


pRorosKij  State  op  Deseret.  1849 


provide   for  the  government   of  the  territory  hereinafter 
named  and  described  by  admitting  us  into  the  Union." 

The  constitution  of  the  provisional  government  provided 
for  the  election  of  a  governor ;  for  a  legislature  composed 
of  two  houses,  the  Senate  and  the  House  of  Representa- 
tives, and  for  a  supreme  court,  and  for  the  establishment 
by  law  of  all  necessary  infer/or  offices.  The  seat  of  gov- 
ernment was  to  be  Salt  Lake  City.  The  fiist  legislature 
to  meet  under  this  provisional  constitution  met  and  decided 


28  CIVIL   GOVERNMENT  OF  UTAH 

to  proceed  immediatel}/  to  the  organization  of  a  state  gov- 
ernment and  to  ask  Congress  to  admit  the  new  state  into 
the  Union  under  the  name  of  "  Deseret." 

A  new  memorial  embodying  these  ideas  was  at  once 
prepared  and  adopted  by  the  legislature  and  forwarded  to 
Washington.  The  boundaries  of  the  new  state  were  to  be 
the  same  as  those  already  decided  upon  for  the  territory. 
Mr.  Alman  W.  Babbitt  was  elected  a  delegate  to  Congress. 
The  proposed  state  was  to  have  three  departments,  execu- 
tive, legislative,  and  judicial.  The  constitution  followed 
closely  the  regular  American  form  and  was  very  similar  to 
the  present  organization  of  our  state,  which  will  be  described 
in  detail.  It  was  adopted  by  the  legislature,  July,  1849, 
and  in  addition  was  signed  by  several  private  individuals. 
It  had  been  customary  when  the  legislature  made  a  consti- 
tution to  have  that  body  adopt  it  or  to  submit  the  question 
of  its  adoption  to  the  people  upon  a  vote.  The  document 
was  now  forwarded  to  Congress  with  a  request  that  the 
state  be  recognized.  Congress,  however,  refused  to  act 
favorably  and  admission  was  denied. 

The  next  move  was  to  secure  the  admission  into  the 
Union  as  one  state  the  territory  now  embraced  in  the  states 
of  California,  Arizona,  New  Mexico,  and  Utah.  It  was  to 
be  later  divided  into  two  states.  This  procedure  was 
acceptable  to  the  people  of  Utah,  but  was  rejected  by  the 
people  of  California  as  being  impracticable.  President 
Zachary  Taylor  favored  the  plan  as  a  means  of  avoiding 
the  slavery  controversy.  (We  can  now  see  that  the  region 
is  altogether  too  large  for  one  or  even  two  states.) 

Up  to  this  time  Congress  had  done  nothing  and  Utah 
was  living  under  its  own  provisional  constitution.  In  Sep- 
tember, 1848,  California  followed  the  example  of  her  neigh- 
bor to  the  east  and  established  a  civil  government.     These 


THE   GOVERNMENT  BEFORE  STATEHOOD  29 

two  acts,  together  with  several  others  led  to  the  great 
Compromise  of  1850.  Through  it  California  was  admitted 
into  the  Union  as  a  state,  and  the  remainder  of  the  Mexican 
cession  was  divided  into  two  territories  and  each  was  given 
a  territorial  form  of  government.  The  northern  part  became 
known  as  the  territory  of  Utah,  and  the  southern  part  as 
the  territory  of  Mexico.  The  act  creating  the  territory  of 
Utah  described  it  as  follows  :  All  that  territory  extending 


Territory  of  Utah,  1850 

from  the  37th  parallel  to  the  Oregon  boundary  and  from  the 
Rocky  Mountains  to  the  Sierra  Nevada,  including  as  it  did 
parts  of  the  present  states  of  Wyoming  and  Colorado  and 
all  of  Utah  and  Nevada.  The  organic  act  created  the 
offices  of  governor,  secretary  of  state,  and  territorial 
judges.  All  appointments  to  fill  these  offices  were  to  be 
made  by  the  President  of  the  United  States.  A  territorial 
legislature  consisting  of  two  houses,  the  Territorial  Council 
and  the  House  of  Representatives,  was  established.  The 
members  of  both  legislative  bodies  were  elected  by  voters 
of  the  territory.  Brigham  Young  was  appointed  the  first 
governor  with  authority  given  him  by  the  organic  laws,  to 


30  CIVIL   GOVERNMENT   OF  UT.\H 

fill  temporarily  all  appointive  offices  until  such  time  as  the 
President  was  prepared  to  act. 

On  April  5,  1851,  the  general  assembly  of  the  pro- 
visional state  of  Deseret  was  dissolved,  and  on  the  first  day 
of  July,  185 1,  a  proclamation  was  issued  by  the  governor, 
ordering  an  election  to  be  held  on  the  first  Monday  in 
August  for  the  election  of  members  of  the  legislature  and 
a  delegate  to  Congress. 

For  forty-five  years  Utah  lived  and  operated  under  the 
organic  law  of  1850.  Attempts  were  made  in  1849,  1856, 
1862,  1872,  1882,  1887  to  secure  admission  into  the  Union, 
but  they  all  resulted  in  failures.  Finally,  conditions  were 
such  that  Congress  acted  favorably.  On  December  8, 1893, 
a  bill  for  the  admission  of  the  territory  was  reported  favor- 
ably from  the  House  Committee  on  Territories.  It  was 
considered  for  three  days  in  the  House  of  Representatives, 
and  passed  December  13,  1893.  The  measure  was  then 
sent  to  the  Senate,  where  it  was  committed  to  the  Com- 
mittee on  Territories  which  reported  favorably  with  a  few 
amendments.  July  13,  1894,  the  bill  passed  the  Senate 
and  became  a  law  upon  the  approval  of  President  Cleve- 
land, July  16,  1894.  It  is  commonly  known  as  the 
Enabling  Act. 

The  law  authorized  the  citizens  of  the  territory  to  elect 
delegates  to  a  constitutional  convention  to  be  held  in  Salt 
Lake  City  on  the  first  Monday  in  March,  1895,  for  the  pur- 
pose of  framing  a  constitution  for  the  new  state.  The 
convention  convened  as  provided  and  prepared  the  present 
state  constitution.  At  the  November  election,  1896,  a  ma- 
jority of  the  voters  of  the  state  voted  in  favor  of  the  Consti- 
tution. Officers  for  the  proposed  new  state  were  elected  at 
the  same  time,  so  that  if  the  constitution  became  effective, 
another  election  would  not  be  necessary.     President  Cleve- 


THE  GOVERNMENT   BEFORE  STATEHOOD 


31 


land,  on  January  4,  1896,  issued  a  proclamation  announcing 
the  result  of  the  election,  and  declaring  that  all  the  pro- 
visions of  the  Enabling  Act  had  been  fulfilled.  Utah  then 
became  a  state.  With  this  brief  historical  sketch  we  come 
directly  to  a  study  of  the  government  of  the  state. 


CHAPTER   III 
STATE   GOVERNMENT 

Every  American  citizen  lives  under  two  governments, 
the  federal  and  the  state.  The  federal  aims  to  deal  with 
affairs  which  pertain  to  the  nation  as  a  whole ;  and  the 
state,  with  the  many  affairs  which  pertain  to  the  local 
state  interests.  It  was  from  the  states  that  the  federal 
government  received  the  idea  of  organization.  This,  in 
fact,  is  so  true,  that  we  find  very  few  things  in  the  Con- 
stitution of  the  United  States  which  had  not  been  previ- 
ously tried  out  in  the  states  or  colonies.  No  doubt  that 
is  the  reason  why  it  has  proved  so  workable. 

So  well,  however,  do  these  two  governments,  state  and 
national,  harmonize,  that  we  are  often  at  a  loss  to  know 
the  particular  work  allotted  to  each.  In  defining  the  field 
belonging  to  each,  perhaps  nothing  better  could  be  done 
than  to  quote  from  "  The  State  "  by  Woodrow  Wilson  :  — 

"  Legislative  Powers  of  the  Union.  —  The  Constitution  of 
the  United  States  grants  to  Congress  first  of  all  the  power 
to  lay  and  collect  taxes,  duties,  imposts,  and  excises  for  the 
support  of  the  government  of  the  Union,  the  payment  of 
its  debts,  and  the  promotion  of  the  common  defense  and 
welfare,  and  also  the  power  to  borrow  money  on  the  credit 
of  the  United  States;  but  these  powers  of  taxation  and 
borrowing  belong  also  to  the  states,  except  that  they  must 
raise  their  revenues  without  resort  to  duties,  imposts,  and 
excises,  the  privilege  of  imposing  these  being  reserved  to 
the  Union  exclusively.  The  powers  which  distinguish  the 
general  government  from  the  governments  of  the  states 

32 


STATE  GOVERNMENT  33 

are  not  these  powers  of  raising  money,  but  these  others : 
To  control  the  monetary  system  of  the  country,  to  main- 
tain post  offices  and  post  roads,  to  grant  patents  and  copy- 
rights, to  deal  with  crimes  committed  on  the  high  seas  or 
against  the  law  of  nations,  to  shape  the  foreign  relations 
of  the  country,  to  declare  war  and  control  the  military 
forces  of  the  nation,  and  to  regulate  commerce  both  with 
foreign  countries  and  among  the  states.  It  is  empowered, 
also,  to  establish  uniform  rules  of  naturalization  and  uni- 
form laws  concerning  bankruptcy ;  but  these  powers  do 
not  belong  to  it  exclusively.  In  case  Congress  does  not 
act  in  these  matters,  the  states  may  adopt  laws  for  them- 
selves concerning  them.  All  the  powers  of  the  general 
government  are  plainly  such  as  affect  interests  which  it 
would  be  impossible  to  regulate  harmoniously  by  any 
scheme  of  separate  state  action,  and  only  such ;  all  other 
powers  whatever  remain  with  the  states. 

**  Powers  left  with  the  States.  —  Compared  with  the  vast 
prerogatives  of  the  state  legislatures,  these  limitations  seem 
small  enough.  All  the  civil  and  religious  rights  of  our 
citizens  depend  upon  state  legislation;  the  education  of 
the  people  is  the  care  of  the  states ;  with  them  rests  the 
regulation  of  the  suffrage;  they  prescribe  the  rules  of 
marriage,  and  the  legal  relations  of  husband  and  wife,  of 
parent  and  child ;  they  determine  the  powers  of  masters 
over  servants  and  the  whole  law  of  principal  and  agent, 
which  is  so  vital  a  matter  in  all  business  transactions ;  they 
regulate  partnership,  debt  and  credit,  and  insurance ;  they 
constitute  all  corporations,  both  private  and  municipal,  ex- 
cept such  as  specially  fulfill  the  financial  or  other  specific 
functions  of  the  federal  government ;  they  control  the  pos- 
session, distribution,  and  use  of  property,  the  exercise  of 
trades,  and  all  contract  relations ;  and  they  formulate  and 


34  CIVIL    GOVERNMENT  OF   UTAH 

administer  all  criminal  law,  except  only  that  which  con- 
cerns crimes  committed  against  the  United  States,  on  the 
high  seas,  or  against  the  law  of  nations.  Space  would  fail 
in  which  to  enumerate  the  particular  items  of  this  vast 
range  of  power ;  to  detail  its  parts  would  be  to  catalogue 
all  social  and  business  relationships,  to  set  forth  all  the 
foundations  of  law  and  order. 

"  A  striking  illustration  of  the  preponderant  part  played 
by  the  state  law  under  our  system  is  supplied  in  the  sur- 
prising fact  that  only  one  out  of  the  dozen  greatest  subjects 
of  legislation  which  have  engaged  the  public  mind  in 
England  during  the  present  century  would  have  come 
within  the  powers  of  the  federal  government  under  the 
Constitution  as  it  stood  before  the  war,  only  two  under  the 
Constitution  as  it  stands  since  the  addition  of  the  war 
amendments.  I  suppose  that  I  am  justified  in  singling  out 
as  these  twelve  greatest  subjects  of  legislation  the  follow- 
ing :  Catholic  emancipation,  parliamentary  reform,  reform 
of  municipal  corporations,  the  repeal  of  the  corn  laws,  the 
admission  of  the  Jews  to  Parliament,  the  disestabHshment 
of  the  Irish  church,  the  alteration  of  the  Irish  land  laws, 
the  establishment  of  national  education,  the  introduction  of 
the  ballot,  and  the  reform  of  the  criminal  law.  Of  these 
every  one  except  the  corn  laws  and  the  abolition  of  slavery 
would  have  been  under  our  system,  so  far  as  they  could 
be  dealt  with  at  all,  subjects  for  state  regulation  entirely  ; 
and  it  was  only  by  constitutional  amendment  made  in 
recognition  of  the  accomplished  facts  of  the  war  that 
slavery,  which  was  formerly  a  question  reserved  for  state 
action,  and  for  state  action  alone,  was  brought  within  the 
field  of  the  federal  authority. 

"  Non-constitutional  Provisions  in  State  Constitutions.  — 
One  of  the  most  characteristic  circumstances  connected 


STATE  GOVERNMENT  35 

with  our  state  law  is  the  threatened  loss  of  all  real  distinc- 
tion between  constitutional  and  ordinary  law.  Constitutions 
are  in  their  proper  nature  bodies  of  law  by  which  govern- 
ment is  constituted,  by  which,  that  is,  government  is  given 
its  organization  and  functions.  Private  law,  the  regulation 
of  the  relations  of  citizens  to  each  other  in  their  private 
capacities,  does  not  fall  within  their  legitimate  province. 
This  principle  is  fully  recognized  in  the  construction  of 
our  federal  Constitution,  which  is  strong  and  flexible  chiefly 
because  of  its  great,  its  admirable,  simplicity,  and  its  strictly 
constitutional  scope.  But  constitution  making  in  the  states, 
especially  in  the  newer  states,  has  proceeded  upon  no  such 
idea.  Not  only  do  the  constitutions  of  the  states  go  very 
much  more  into  detail  in  their  prescriptions  touching  the 
organization  of  government;  they  go  far  beyond  organic 
provisions  and  undertake  the  ordinary,  but  very  different, 
work  of  legislative  enactment.  They  commonly  embody 
regulations,  for  example,  with  reference  to  the  management 
of  the  state  property,  such  as  canals  and  roads,  and  for  the 
detailed  administration  of  the  state  debt ;  they  determine 
the  amounts  and  sorts  of  property  which  are  to  be  exempt 
from  seizure  for  private  debt ;  they  formulate  sumptuary 
laws,  such  as  those  forbidding  the  sale  of  intoxicating 
liquors  ;  at  a  score  of  points  they  enter  without  hesitation 
or  restraint  the  field  usually  reserved  for  the  action  of 
legislative  bodies." 

QUESTIONS 

1.  Name  the  governments  you  live  under. 

2.  Why  is  it  necessary  to  have  more  than  one  government  ? 

3.  What  are  the  duties  of  the  state  ? 

4.  What  are  the  duties  of  the  federal  government  ? 

5.  Which  government  should  concern  us  most  ? 

6.  Which  government  does  concern  us  most  ? 


CHAPTER   IV 

GOVERNMENT  OF  UTAH 

Introduction 

Preamble.  —  The  Preamble  of  the  State  Constitution  is 
the  enacting  clause  and  gives  the  reason  why  the  state 
constitution  was  ordained  and  established.  It  reads  as  fol- 
lows :  "  Grateful  to  Almighty  God  for  life  and  liberty,  we 
the  people  of  Utah,  in  order  to  secure  and  perpetuate  the 
principles  of  free  government,  do  ordain  and  establish  this 
constitution." 

For  more  than  a  century  makers  of  constitutions  have 
placed  somewhere  in  the  document  a  Bill  or  Declaration 
of  Rights.  It  is  supposed  to  contain  the  fundamental 
principles  of  human  liberty,  which  are  essential  to  a  free 
government.  In  this  state,  as  in  other  states,  they  em- 
body the  rights  and  privileges  reserved  to  the  people  and 
are  expected  to  endure  .forever.  They  embrace  the  right 
to  enjoy  life  and  liberty ;  to  acquire  property ;  to  worship 
God  according  to  the  dictates  of  conscience ;  to  assemble 
peacefully ;  to  protection  against  wrongs ;  and  to  petition 
for  redress  of  grievances  ;  to  communicate  freely  to  others, 
being  responsible  for  the  abuse  of  this  right ;  the  right  to 
bear  arms ;  the  privilege  of  the  writ  of  habeas  corpus ;  the 
right  of  reasonable  bail ;  a  fair  trial  and  a  usual  punish- 
ment and  other  generally  accepted  rights.  Most  of  these 
rights  have  come  down  to  us  from  Great  Britain  through 
the  Constitution  of  the  United  States.     They  were  placed 

36 


^ 


GOVERNMENT  OF  UTA^  37 

in  the  first  amendments  to  the  Constitution  of  the  United 
States  because  the  founders  of  this  nation  felt  it  necessary 
to  preserve  the  rights  which  our  English  ancestors  had 
wrung  from  unwilling  rulers  and  bequeathed  to  us. 

State  Bill  of  Rights.  —  "  All  men  have  the  inherent  and 
inalienable  right  to  enjoy  and  defend  their  lives  and  liber- 
ties ;  to  acquire,  possess,  and  protect  property  ;  to  worship 
according  to  the  dictates  of  their  consciences ;  to  assemble 
peaceably,  protest  against  wrongs,  and  petition  for  redress 
of  grievances ;  to  communicate  freely  their  thoughts  and 
opinions,  being  responsible   for  the  abuse  of  that  right. 

"  All  political  power  is  inherent  in  the  people ;  and  all 
free  governments  are  founded  on  their  authority  for  their 
equal  protection  and  benefit,  and  they  have  the  right  to 
alter  or  reform  their  government  as  the  public  welfare 
may  require. 

"  The  state  of  Utah  is  an  inseparable  part  of  the  fed- 
eral Union  and  the  Constitution  of  the  United  States  is 
the  supreme  law  of  the  land. 

'*  The  rights  of  conscience  shall  never  be  infringed. 
The  state  shall  make  no  law  respecting  an  establishment 
of  religion  or  prohibiting  the  free  exercises  thereof ;  no 
religious  test  shall  be  required  as  a  qualification  for  any 
office  of  public  trust  or  for  any  vote  at  any  election ;  nor 
shall  any  person  be  incompetent  as  a  witness  or  juror  on 
account  of  religious  belief  or  the  absence  thereof.  There 
shall  be  no  union  of  church  and  state,  nor  shall  any 
church  dominate  the  state  or  interfere  with  its  functions. 
No  public  money  or  property  shall  be  appropriated  for,  or 
applied  to,  any  religious  worship,  exercise,  or  instruction, 
or  for  the  support  of  any  ecclesiastical  establishment.  No 
property  qualifications  shall  be  required  for  any  person  to 
vote  or  hold  office,  except  as  provided  in  this  constitution. 


-^ 


38  CIVIL   GOVERNMENT  OF  UT.\H 

"The  privilege  of  the  writ  of  habeas  corpus  shall  not 
be  suspended,  unless,  in  case  of  rebellion  or  invasion,  the 
public  safety  requires  it. 

"  The  people  have  the  right  to  bear  arms  for  their  se- 
curity and  defense,  but  the  legislature  may  regulate  the 
exercise  of  this  right  by  law. 

"  No  person  shall  be  deprived  of  life,  liberty,  or  property, 
without  due  process  of  law. 

*'  All  prisoners  shall  be  bailable  by  sufficient  sureties,  ex- 
cept for  capital  offenses  when  the  proof  is  evident  or  the 
presumption  strong. 

"  Excessive  bail  shall  not  be  required  ;  excessive  fines 
shall  not  be  imposed  ;  nor  shall  cruel  and  unusual  punish- 
ments be  inflicted.  Persons  arrested  or  imprisoned  shall 
not  be  treated  with  unnecessary  rigor. 

**  In  capital  cases  the  right  of  trial  by  jury  shall  remain  in- 
violate. In  courts  of  general  jurisdiction,  except  in  capital 
cases,  a  jury  shall  consist  of  eight  jurors.  In  courts  of  in- 
ferior jurisdiction  a  jury  shall  consist  of  four  jurors.  In 
criminal  cases  the  verdict  shall  be  unanimous.  In  civil 
cases  three  fourths  of  the  jurors  may  find  a  verdict.  A 
jury  in  civil  cases  shall  be  waived  unless  demanded. 

"  All  courts  shall  be  open  and  every  person,  for  an  injury 
done  to  him  in  his  person,  property,  or  reputation,  shall 
have  remedy  by  due  course  of  law,  which  shall  be  admin- 
istered without  denial  or  unnecessary  delay  ;  and  no  per- 
son shall  be  barred  from  prosecuting  or  defending  before 
any  tribunal  in  this  state,  by  himself  or  counsel  any  civil 
cause  to  which  he  is  a  party. 

"In  criminal  prosecutions  the  accused  shall  have  the 
right  to  appear  and  defend  in  person  and  by  counsel,  to 
demand  the  nature  and  cause  of  the  accusation  against  him, 
to  have  a  copy  thereof,  to  testify  in  his  behalf,  to  be  con- 


GOVERNMENT  OF  UT.\H  39 

fronted  by  the  witnesses  against  him,  to  have  compulsory 
process  to  compel  the  attendance  of  witnesses  in  his  own 
behalf,  to  have  a  speedy  public  trial  by  an  impartial  jury 
of  the  county  or  district  in  which  the  offense  is  alleged  to 
have  been  committed,  and  the  right  to  appeal  in  all  cases. 
In  no  instance  shall  any  accused  person,  before  final  judg- 
ment, be  compelled  to  advance  money  or  fees  to  secure  the 
rights  herein  guaranteed.  The  accused  shall  not  be  com- 
pelled to  give  evidence  against  himself,  a  wife  shall  not  be 
compelled  to  testify  against  her  husband,  nor  a  husband 
against  his  wife,  nor  shall  any  person  be  twice  put  in  jeop- 
ardy for  the  same  offense. 

*•  Offenses  heretofore  required  to  be  prosecuted  by  in- 
dictment, shall  be  prosecuted  by  information  after  ex- 
amination and  commitment  by  a  magistrate,  unless  the 
examination  be  waived  by  the  accused  with  the  consent  of 
the  state,  or  by  indictment,  with  or  without  such  examina- 
tion and  commitment.  The  grand  jury  shall  consist  of 
seven  persons,  five  of  whom  must  concur  to  find  an  indict- 
ment ;  but  no  grand  jury  shall  be  drawn  or  summoned  un- 
less in  the  opinion  of  the  judges  of  the  district,  public 
interest  demands  it. 

"  The  right  of  the  people  to  be  secure  in  their  persons, 
houses,  papers,  and  effects  against  unreasonable  searches 
and  seizures  shall  not  be  violated  ;  and  no  warrant  shall  is- 
sue but  upon  probable  cause  supported  by  oath  or  affirma- 
tion, particularly  describing  the  place  to  be  searched,  and 
the  person  or  thing  to  be  seized. 

"  No  law  shall  be  passed  to  abridge  or  restrain  the  free- 
dom of  speech  or  of  the  press.  In  all  criminal  prosecutions 
for  libel  the  tnith  may  be  given  in  evidence  to  the  jury ; 
and  if  it  shall  appear  to  the  jury  that  the  matter  charged 
as  libelous  is  true,  and  was  published  with  good  motives, 


40  CIVIL   GOVERNMENT  OF  UTAH 

and  for  justifiable  ends,  the  party  shall  be  acquitted ;  and 
the  jury  have  the  right  to  determine  the  law  and  the  fact. 

"There  shall  be  no  imprisonment  for  debt  except  in 
cases  of  absconding  debtors. 

"All  elections  shall  be  free,  and  no  power,  civil'or  mili- 
tary, shall  at  any  time  interfere  to  prevent  the  free  exer- 
cise of  the  right  of  suffrage.  Soldiers,  in  time  of  war, 
may  vote  at  their  post  of  duty,  in  or  out  of  the  state,  under 
regulations  to  be  prescribed  by  law. 

"No  bill  of  attainder,  ex  post  facto  Xd^-^^  or  law  impairing 
the  obligation  of  contracts  shall  be  passed. 

"  Treason  against  the  state  shall  consist  only  in  levying 
war  against  it,  or  in  adhering  to  its  enemies  or  in  giving 
them  aid  and  comfort.  No  person  shall  be  convicted  of 
treason  unless  on  the  testimony  of  two  witnesses  to  the 
same  overt  act. 

"The  miHtary  shall  be  in  strict  subordination  to  the  civil 
power,  and  no  soldier  in  time  of  peace,  shall  be  quartered 
in  any  house  without  the  consent  of  the  owner;  nor  in 
time  of  war  except  in  a  manner  to  be  prescribed  by 
law. 

"Neither  slavery  nor  involuntary  servitude,  except  as  a 
punishment  for  crime,  whereof  the  party  shall  have  been 
duly  convicted,  shall  exist  within  this  state. 

"Private  property  shall  not  be  taken  or  damaged  for 
pubHc  use  without  just  compensation. 

"No  law  shall  be  passed  granting  irrevocably  any 
franchise  privilege  or  immunity. 

"All  laws  of  a  general  nature  shall  have  uniform  opera- 
tion. 

"This  enumeration  of  rights  shall  not  be  construed  to 
impair  or  deny  others  retained  by  the  people. 

"The  provisions  of  this  constitution  are  mandatory  and 


GOVERNMENT   OF  UTAH  41 

prohibitory,  unless  by  express  words  they  are  declared  to 
be  otherwise." 

Citizenship. — The  state  government  is  established  for 
the  benefit  of  every  one  who  lives  under  it  whether  they  are 
citizens  or  not,  but  only  citizens  are  entitled  to  its  privileges. 
The  Supreme. Court  of  the  United  States  has  defined  citi- 
zens as  follows :  *'  Citizens  are  members  of  the  political  com- 
munity and  who  have  established,  or  submitted  themselves 
to  the  dominion  of  a  government  for  the  promotion  of  their 
general  welfare  and  the  protection  of  their  individual  as  well 
as  their  collective  rights."  All  persons  born  in  the  United 
States  are  citizens.  Foreigners  of  almost  any  nationality 
except  Japanese  and  Chinese,  may  become  citizens  by  a  resi- 
dence of  five  years  and  a  declaration  of  allegiance.  A  pre- 
liminary declaration  must  precede  the  final  declaration  to  the 
government  by  at  least  two  years.  The  Fourteenth  Amend- 
ment to  the  Constitution  of  the  United  States  reads  as  fol- 
lows :  "  All  persons  born  or  naturalized  in  the  United  States 
and  subject  to  the  jurisdiction  thereof  are  citizens  of  the 
United  States  and  the  state  wherein  they  reside."  By  this 
article  you  will  see  that  every  citizen  owes  allegiance  and 
obedience  to  both  the  state  in  which  he  lives  and  the  nation. 
Japanese  and  Chinese  born  in  the  United  States  are  citizens. 

All  citizens,  however,  do  not  participate  in  the  control 
of  the  government.  Only  those  who  vote  may  be  said 
really  to  participate.  They  are  frequently  called  electors. 
In  this  state  all  citizens  over  twenty-one  years  of  age 
are  entitled  to  vote  except  idiots,  insane  persons,  or  per- 
sons convicted  of  treason  or  crime.  The  Board  of  Pardon 
may  restore  the  franchise  to  convicts.  Before  any  one  can 
enjoy  this  privilege,  however,  he  must  have  been  a  resi- 
dent of  the  state  for  one  year,  of  the  county  for  four 
months,  and  of  the  precinct  for  sixty  days  next  preced- 


42  CIVIL   GOVERNMENT  OF  UTAH 

ing  an  election.  Because  a  person  is  too  young  to  vote, 
it  does  not  mean  that  he  is  not  a  citizen. 

Form  and  Departments  of  Governments.  —  The  Con- 
stitution of  the  United  States  in  Section  4,  Article  IV, 
guarantees  to  every  state  a  republican  form  of  govern- 
ment ;  that  is,  a  form  of  government  where  the  civil  affairs 
of  the  state  are  administered  by  representatives  elected 
by  the  people.  Every  state  of  the  Union  has  so  far 
complied  with  these  conditions. 

In  all  state  constitutions,  following  the  example  of  the 
federal  Constitution,  the  powers  are  divided  into  depart- 
ments ;  viz.  the  legislative,  the  executive,  and  the  judicial. 
The  constitution  of  Utah  follows  the  same  general  prin- 
ciples. In  the  same  spirit  it  aims  to  make  each  depart- 
ment as  nearly  independent  of  the  others  as  possible. 
The  object  in  thus  separating  the  department  which 
makes  the  laws  from  the  departments  which  execute 
or  interpret  them  and  vice  vei^sa  is  to  provide  a  check  of 
one  department  upon  another. 

In  order  to  carry  this  provision  into  effect,  as  far  as 
possible,  the  state  constitution  forbids  any  person  serving 
in  two  departments  at  the  same  time. 

QUESTIONS 

1.  Why  is  the  Preamble  to  a  constitution  called  a  Bill  of  Rights 
or  a  Declaration  of  Rights  ? 

2.  Why  is  it  necessary  to  reserve  to  the  people  certain  fundamental 
rights  ? 

3.  Why  should  a  person  have  religious  liberty  and  the  right  of  free 
conscience  ? 

4.  Why  should  a  person  not  be  twice  put  in  jeopardy  for  the  same 
offense  ? 

5.  How  may  a  person  become  a  citizen  ? 

6.  Why  is  the  government  divided  into  three  separate  divisions  ? 


LEGISLATIVE   DEPARTMENT  43 

The  Legislative  Department 

The  legislative  department  is  that  branch  of  the  state 
government  which  makes  the  laws,  and  in  a  democratic 
form  of  government  it  should  be  the  most  important,  if  the 
authority  given  to  it  is  exercised  with  intelligence,  wisdona, 
and  honesty.  It  is  supposed  to  represent  the  people  di- 
rectly and  enact  their  wishes  into  law.  When  it  does  not 
carry  out  the  will  of  the  voters  expressed  at  an  election,  it 
fails  of  its  duty.  The  state  constitution  provides  that  a  new 
apportionment  of  the  representation  in  the  legislature  shall 
be  made  by  the  legislature  at  least  every  ten  years.  This 
reapportionment  is  necessary  so  that  each  section  of  the 
state  be  represented  according  to  population.  A  failure 
to  carry  out  this  provision  is  a  violation  of  the  fundamental 
law  of  the  state. 

The  legislature  consists  of  two  bodies  sitting  separately, 
—  the  Senate  and  the  House  of  Representatives. 

The  Senate.  —  The  state  of  Utah  is  divided  into  ten  s:jn- 
atorial  districts.  Each  senatorial  district  may  include  one 
or  more  than  one  county.  From  each  district  one  or  more 
Senators  are  elected  directly  by  the  voters.  The  aim  is  to 
apportion  the  membership  of  the  Senate  of  the  state  among 
the  several  districts  according  to  population. 

The  membership  of  the  Senate  cannot,  except  by  con- 
stitutional amendment,  exceed  thirty.  At  present  the 
number  is  fixed  at  eighteen,  all  of  whom  are  elected  for  a 
term  of  four  years.  It  is  so  arranged  that  half  of  the 
members  retire  every  two  years,  thereby  securing  in  each 
session  several  men  of  experience.  This  is  a  wise  provision, 
for  it  makes  it  possible  to  begin  each  session  with  a  num- 
ber of  men  acquainted  with  the  business  of  the  state  and 
ready  to  begin  work  as  soon  as  the  body  is  organized. 


44  CIVIL  GOVERNMENT  OF   UTAH 

The  qualifications  of  a  Senator  are  that  he  be  a  citizen 
of  the  United  States,  twenty-five  years  of  age,  a  qualified 
voter,  and  a  resident  of  the  district  from  which  he  is 
elected  for  one  year  and  of  the  state  three  years  prior  to 
election. 

'  The  Senate  elects  its  own  presiding  officer,  known  as 
the  "  President  of  the  Senate,"  and  also  selects  such  help 
as  it  needs.  It  possesses  coordinate  power  with  the 
House  of  Representatives  in  all  matters  pertaining  to 
legislation.  Bills  may  originate  in  either  body,  but  must 
pass  both  before  they  can  become  laws. 

In  addition  to  the  foregoing  the  Senate  has  the  confirm- 
ing power  of  most  persons  appointed  by  the  governor  to 
office.  The  intent  of  this  provision  is  to  prevent  the  ex- 
ecutive from  appointing  unfit  persons  to  office.  The  Sen- 
ate should  not  fail  to  confirm  from  personalities,  but  when 
an  appointee  is  rejected  as  unfit  for  a  certain  office,  he 
should  not  be  allowed  to  hold  it. 

It  occasionally  happens  that  public  officials,  such  as 
judges  and  others,  commit  such  wrongs  as  to  make  it 
necessary  to  remove  them  from  office.  In  such  cases  the 
House  of  Representatives  brings  the  charge  against  the 
person,  and  he  is  tried  by  the  Senate  acting  as  a  court. 
If  he  is  convicted,  he  is  removed  from  office,  and  may  be 
further  prosecuted  criminally,  if  the  offense  is  a  criminal 
one.     Such  cases  are  known  as  impeachment  trials. 

House  of  Representatives.  —  The  forty-five  members  of 
the  House  of  Representatives  are  elected  for  a  term  of  two 
years.  As  before  mentioned,  there  are  ten  senatorial  dis- 
tricts, but  twenty-seven  representative  districts.  The  con- 
stitution provides  that  each  county  of  the  twenty-seven 
constitutes  a  representative  district,  from  which  one  or 
more  representatives  are  elected.     The  constitution  further 


LEGISLATIVE  DEPARTMENT  45 

provides  that  the  House  of  Representatives  cannot  exceed 
ninety  in  membership.  A  Representative  must  be  a  citizen 
of  the  United  States,  twenty-five  years  of  age,  a  qualified 
voter,  three  years  a  resident  of  the  state,  and  one  year  a 
resident  of  the  district  from  which  he  is  elected.  Any 
legislative  measure  may  originate  in  the  House  and  must 
pass  that  body  before  it  can  become  a  law.  The  body  is 
presided  over  by  a  speaker,  whom  the  members  elect. 
Wherever  a  judge  or  other  important  public  official  com- 
mits a  serious  offense,  the  House  of  Representatives  im- 
peaches or  accuses  the  official  thought  to  be  guilty  and 
the  Senate  tries  him.  If  he  is  found  guilty  by  a  majority 
of  two  thirds  of  the  Senate  acting  as  a  jury,  he  is  removed 
from  office  and  denied  the  right  ever  again  to  hold  public 
office.  If  the  offense  is  of  such  a  nature  as  to  justify  it, 
he  may  be  prosecuted  in  the  criminal  courts. 

A  member  of  the  legislature  is  prohibited  from  holding 
any  office  which  was  created,  or  the  salary  of  which  was 
increased,  during  the  term  for  which  he  was  elected  to  the 
legislature.  This  provision  was  placed  in  the  constitution 
to  prevent  members  creating  offices  with  salaries  for  their 
own  express  benefit. 

Sessions.  —  The  legislature  convenes  on  the  odd  years  in 
regular  session.  The  session  opens  at  noon  on  the  second 
Monday  in  January  and  continues  legally  for  sixty  days, 
but  by  the  fiction  of  stopping  the  clock  before  the  end  of 
the  sixtieth  day,  the  sessions  are  often  prolonged  several 
days.  The  governor  may  call  a  special  session  at  any 
time  whenever  in  his  judgment  the  welfare  of  the  state  de- 
mands it.  A  special  session  cannot  exceed  thirty  days  in 
length. 

A  majority  of  the  members  of  each  house  is  necessary 
to  make  a  quorum  to  do  business,  but  a  less  number  may 


46  CIVIL   GOVERNMENT  OF   UTAH 

adjourn  from  day  to  day.  All  sessions  of  both  houses  are 
public  except  the  executive  sessions  of  the  Senate.  Each 
house  is  judge  of  the  election  and  quaUfications  of  its  own 
members.  A  majority  ma.y  expel  a  member  for  cause,  or 
punish  him  for  disorderly  conduct. 

The  president  of  the  Senate  and  the  speaker  of  the 
House  and  all  other  officers  and  employees  are  elected  by 
the  house  that  desires  their  services.  The  president  of  the 
Senate,  in  addition  to  his  other  duties,  becomes  acting 
governor  in  the  absence  from  the  state  or,  in  case  of  the 
disability  of  the  governor  and  the  secretary  of  statq. 
Each  house  also  has  the  authority  to  make  and  enforce  all 
needful  rules  and  regulations  for  the  conduct  of  its  busi- 
ness. 

Compensation.  —  The  members  of  the  legislature  receive 
such  compensation  as  the  legislature  by  law  may  fix,  but 
the  pay  shall  not  exceed  four  dollars  per  day  for  sixty  days 
and  ten  cents  per  mile  for  the  distance  traveled  by  the 
usual  route  going  to  and  returning  from  the  place  of 
meeting  unless  by  amendment  of  the  state  constitution. 
There  cannot  be  any  other  pay  or  perquisite. 

Privileges.  —  In  ages  past  when  members  of  the  legisla- 
ture would  not  vote  to  suit  the  kings  and  rulers  they  were 
frequently  arrested  and  imprisoned  until  they  were  ready  to 
do  as  wanted.  To  prevent  such  acts  in  our  country,  the 
constitutions  of  the  nation  and  the  states  provide  for  ex- 
emptions from  arrest  during  the  sessions  of  the  legislature. 
The  constitution  of  Utah  provides  that  for  fifteen  days 
before  the  opening  of  the  legislative  session,  during  the 
session,  and  on  the  journey  home  the  members  of  the 
legislature  are  exempt  from  arrest,  except  in  cases  of  trea- 
son, felony,  or  breach  of  the  peace.  Neither  can  they  be 
arrested   for   anything  said  in  any  speech  or  debate  in 


LEGISLATIVE  DEPARTMENT  47 

either  house.  These  special  privileges  may  be  abused, 
but  they  make  it  possible  for  members  to  perform  their 
full  duties  without  interference. 

Records.  —  Both  houses  are  required  by  the  constitution 
to  keep  and  publish  a  journal  or  record  of  their  proceedings. 
When  any  measure  is  up  for  consideration  and  a  vote  is 
taken,  a  roll  call  may  be  had  and  the  yeas  and  nays  made 
a  matter  of  record  upon  the  request  of  five  members. 

Committees.  —  For  each  house  as  a  body  to  go  into  each 
question  that  comes  before  it  in  detail  would  require  so 
much  time  as  to  make  it  impossible.  In  order  to  consider 
carefully  each  question  which  may  come  before  it,  each 
house  divides  itself,  soon  after  convening,  into  several  per- 
manent committees;  so  that  wl\en  a  bill  or  measure  is  in- 
troduced, it  is  referred  by  the  presiding  officer  to  the 
proper  committee.  Each  house,  if  it  sees  fit,  may  create 
special  committees.  This,  however,  is  seldom  done. 
Neither  the  constitution  nor  the  laws  say  anything  about 
committees.  The  Senate  and  the  House  by  separate  resolu- 
tions determine  the  number  and  the  size  of  the  committees. 
The  members  are  appointed  to  the  several  committees  in 
the  Senate  by  the  president  and  in  the  House  by  the  speaker 
or  by  a  committee  on  committees.  This  privilege  accorded 
to  the  presiding  officers  gives  them  great  power. 

Laws.  —  A  measure  is  known  as  a  bill  until  it  passes  both 
houses  and  secures  the  signature  of  the  governor.  Then 
it  becomes  a  law.  For  convenience  all  bills  originating  in 
the  House  of  Representatives  are  known  as  House  Bills 
(H.B.)  and  those  originating  in  the  Senate  are  known  as 
Senate  Bills  (S.B.).  As  it  is  introduced  each  bill  is  num- 
bered consecutively  and  bears  that  number  throughout  its 
legislative  career  in  both  houses,  i.e.  H.B.  25,  or  S.B.  12. 

Any  member  or  committee  may  introduce  a  bill  or  reso- 


48  CIVIL  GOVERNMENT  OF  XTTAH 

lution  which  immediately  goes  to  its  proper  committee  for 
consideration.  The  constitution  provides  that  all  laws  en- 
acted by  the  legislature  must  have  an  enacting  clause 
which  reads  as  follows:  "Be  it  enacted  by  the  legislature 
of  the  state  of  Utah."  Laws  enacted  directly  by  the 
people  through  the  Initiative  shall  have  an  enacting  clause 
which  shall  read:  "Be  it  enacted  by  the  people  of  the 
state  of  Utah." 

The  constitution  of  Utah  was  amended  in  1900  so  as  to 
make  it  possible  for  the  people  to  initiate  legislation  under 
such  condition  and  in  such  manner  as  the  legislature  shall 
prescribe.  Up  to  date,  however,  the  legislature  has  failed  to 
pass  the  necessary  laws  to  put  the  scheme  into  operation. 
The  idea  of  the  Initiative's  that  whenever  a  large  percent- 
age of  the  people  want  some  measure  to  become  a  law, 
they  may  prepare  a  bill  and  petition  the  governor  to  call 
an  election  to  vote  upon  it.  If  a  majority  of  the  voters 
are  in  favor  of  it,  it  becomes  a  law,  without  the  legislature 
or  the  executive  having  anything  to  say  about  it. 

Every  bill,  before  it  becomes  a  law,  must  be  read  three 
times  in  each  house  and  then  receive  the  assent  of  a  major- 
ity of  all  the  members  elected  to  each  house  of  the  legis- 
lature. When  the  final  vote  is  taken  on  any  bill  it  must 
be  by  roll  call  and  the  responses  by  "aye"  or  "nay." 

In  the  days  when  printing  was  unknown  it  was  the  rule 
to  read  all  bills  two  or  three  times  in  full  before  the  legis- 
lative bodies  for  information.  Now,  however,  as  all  bills 
of  importance  are  printed,  it  has  become  customary  to 
omit  the  first,  and  sometimes  the  second,  reading  in  full  and 
read  by  title  only.  Where  it  is  read  by  title  only,  it  is 
customary  to  speak  of  the  reading  of  the  bill.  As  a  matter 
of  fact,  the  reading  of  any  bill  is  merely  a  matter  of  form, 
for  the  members  are  acquainted  with  it  from  the  printed 


LEGISLATIVE  DEPARTMENT  49 

copy.  A  bill  may  be  rejected  upon  its  first  reading,  though 
it  rarely  ever  is,  but  is  referred  to  a  committee  for  considera- 
tion. The  committee  may  consider  the  bill  and  make  a 
favorable  or  unfavorable  report.  It  may  also  "  pigeon- 
hole" it,  that  is,  kill  it  by  delaying  its  consideration  so 
long  that  there  will  not  be  time  to  take  it  up  when  it  is 
finally  reported  or  not  even  reported  at  all.  A  favorable 
report  may  carry  with  it  many  amendments,  —  so  many, 
in  fact,  that  it  is  frequently  impossible  to  recognize  the 
original  bill  except  by  the  title.  The  bill  is  now  placed 
upon  the  calendar  to  await  its  turn  for  consideration  by 
the  whole  body.  If  it  is  a  special  or  very  important 
measure,  it  may  be,  by  special  vote,  advanced  on  the  cal- 
endar or  made  a  special  order  to  receive  early  considera- 
tion at  a  certain  day  or  hour.  When  it  is  finally  reached, 
it  is  read  the  second  time  and  is  now  open  for  discussion 
and  amendments  from  the  body  of  the  house.  At  this 
stage  a  common  practice  by  those  opposed  to  the  bill  is 
to  move  to  strike  out  the  enacting  clause.  If  it  is  not 
amended,  recommitted,  or  rejected,  it  is  passed.  After  a 
bill  passes  both  houses,  it  is  returned  to  the  engrossing 
clerk  in  the  house  where  it  originated.  There  the  proper 
engrossing  committee  carefully  compares  the  engrossed  or 
copied,  bill  with  the  original  to  see  if  there  are  any  errors 
and  that  it  has  been  correctly  and  accurately  copied  into 
the  legislative  records.  A  bill  is  engrossed,  or  copied,  into 
the  records  in  one  house  only. 

It  frequently  happens«that  a  bill  passed  by  one  house  is 
amended  by  the  other.  The  amendments  may  be  accepted 
by  the  first  house  or  rejected.  If  rejected,  the  difficulty 
may  be  adjusted  by  a  joint  committee  from  both  houses, 
known  as  a  "  Conference  Committee."  If  the  committee 
is  unable  to  agree,  the  bill  is  lost ;  if  the  committee  agrees 


50  CIVIL  GOVERNMENT  OF  UTAH 

upon  a  report  which  is  adopted  by  both  houses,  the  bill  is 
then  passed. 

When  a  bill  is  properly  enrolled,  it  is  signed  by  the 
speaker  of  the  House  and  the  president  of  the  Senate 
in  open  session  in  the  presence  of  the  respective  bodies 
and  then  forwarded  to  the  governor  for  consideration.  If 
the  governor  signs  the  bill,  it  then  becomes  a  law.  As 
soon  as  he  signs  the  bill,  he  notifies  the  house  in  which  it 
originated  and  files  the  copy  of  the  law  with  the  secretary 
of  state,  who  places  upon  it  the  great  seal  of  the  state.  If 
the  governor  does  not  sign  the  bill,  he  must  return  it,  to- 
gether with  his  objections,  within  five  days,  Sunday  and 
the  day  upon  which  he  received  it  excepted,  to  the  house 
in  which  it  originated.  This  is  known  as  a  veto.  The 
objections  must  be  entered  in  the  Journal.  A  reconsid- 
eration may  then  be  had.  If,  after  the  reconsideration, 
the  measure  again  passes  both  houses  with  a  majority 
of  two  thirds  in  each,  it  becomes  a  law  without  the  signa- 
ture of  the  governor.  If  the  bill  is  not  returned  within 
five  days,  it  becomes  a  law  if  the  governor  does  not  sign  it. 
If,  however,  the  legislature  adjourns  the  session  before  the 
end  of  the  five  days,  the  governor  has  ten  days.  If  he  vetoes 
it,  he  must  file  his  objections  with  the  secretary  of  state. 

The  constitution  of  Utah,  being  an  exception  to  the  rule, 
gives  the  governor  authority  to  veto  any  item  in  an  ap- 
propriation bill  without  vetoing  the  entire  bill.  This  is  an 
excellent  provision.  In  most  states  the  governor  is  com- 
pelled to  approve  or  reject  the  whole  appropriation  measure. 
This  makes  possible  considerable  trading  among  members 
for  the  support  of  measures  they  do  not  favor  in  order  to 
secure  support  for  some  pet  project  they  desire  enacted 
into  law.  This  is  known  as  "  logrolling  "  and  is  usually  a 
wasteful  expenditure  of  public  funds.     If  the  President  of 


LEGISLATIVE    DEPARTMENT  51 

the  United  States  possessed  this  power,  he  could  save 
millions  to  the  nation  every  year. 

All  laws  passed  by  the  legislature  go  into  effect  sixty 
days  after  adjournment  and  upon  publication  unless  a 
future  date  beyond  sixty  days  is  fixed  by  the  law  itself.  If, 
however,  they  are  declared  to  be  emergency  measures  and 
voted  for  by  two  thirds  of  each  house,  they  go  into  effect 
immediately  without  publication. 

Restrictions  upon  Power  of  making  Laws.  —  The  legisla- 
ture of  the  state  of  Utah  has  authority  to  enact  laws  upon 
any  subject  except  where  prohibited  by  the  laws,  treaties, 
and  Constitution  of  the  United  States  and  the  constitution 
of  Utah. 

The  Declaration  of  Rights  of  the  state  constitution  pro- 
vides certain  restrictions,  and  in  addition  to  these  certain 
other  limitation;:  pecifically  mentioned  in  the  constitution 
proper.  The  coi.  ititution  provides  that  every  law  shall 
contain  only  one  subject,  which  shall  be  clearly  expressed 
in  its  title.  The  purpose  of  this  is  to  prevent  careless 
legislation  and  to  make  it  impossible  to  pass  objectionable 
measures  under  favorable  titles  and  without  notice. 

Laws  must  be  general  in  their  purpose.  Private  laws 
are  forbidden. 

QUESTIONS 

1.  What  is  the  duty  of  the  legislature  ? 

2.  How  many  Senators  are  there  in  the  state  Senate  ?  How  many 
Representatives  in  the  House  ? 

3.  What  is  the  term  of  each  ? 

4.  Why  is  the  term  of  the  Senator  longer  than  that  of  the  Repre- 
sentative ? 

5.  Is  the  Senate  a  "  continuous  "  body  and  how  ? 

6.  How  many  of  the  Senators  are  elected  at  once  ?  How  many 
Representatives  ? 

7.  When  and  how  often  does  the  legislature  meet  ? 


52  CIVIL   GOVERNMENT   OF   UTAH 

8.  Who  presides  over  _ach  body  of  the  legislature  and  how  is   he 
selected  ? 

9.  Who  are  the  present  presiding  officers  ? 

10.  How  many  members  of  each  body  constitute  a  quorum  to  do 
business? 

11.  Why  is  the  governor  required  to  submit  the  names  of  his 
appointees  to  the  Senate  for  approval  ? 

12.  After  the  governor  submits  a  name  to  the  Senate  and  it  is  re- 
jected, should  he  then  wait  until  the  legislature  adjourns  and  reappoint 
the  same  person  ? 

13.  Should  the  members  of  the  legislature  be  appointed  to  any 
position  by  the  governor  during  their  term  of  office  in  the  legislature  ? 

14.  Why  does  each  house  appoint  a  great  many  committees? 

15.  If  a  majority  of  the  committee  is  against  a  measure  submitted  to 
it,  what  effect  may  it  have  on  the  passage  of  the  bill  ? 

16.  Why  does  the  constitution  provide  that  laws  should  be  general 
and  not  special  in  their  purpose  ? 


The  Executive  Department 

The  legislative  body  makes  the  laws  ;  but  the  executive 
department  enforces  them.  The  executive  department  has 
no  right  to  decide  upon  the  wisdom,  justice,  or  necessity  of 
a  law,  except  so  far  as  the  veto  power  is  concerned.  That 
part  has  been  done  by  the  legislature.  If  it  is  a  law,  the 
executive  department  should  enforce  it.  If  the  enforce- 
ment of  the  law  shows  it  to  work  different  from  what  was 
expected  and  to  be  unwise,  then  the  legislature,  when  in 
session,  should  repeal  it.  If,  on  the  contrary  the  executive 
feels  the  greatest  need  for  a  law  to  correct  certain  evils, 
and  the  legislature  fails  to  enact  it,  nothing  can  be  done. 
If  the  executive  were  allowed  unrestrained  power  to  make 
the  laws,  it  would  defeat  the  will  of  the  people  and  lead  to 
despotism.  In  our  state  the  chief  executive  officers  include 
the  governor,  the  secretary  of  state,  state  auditor,  state 
treasurer,  attorney-general,   and  superintendent  of  public 


EXECUTIVE   DEPARTMENT  53 

instruction.  Although  the  state  constitution  designates 
all  of  the  foregoing  officials  as  executive  officers,  the  most 
important  executive  officer  is  the  governor.  The  others 
are,  except  the  secretary  of  state  when  acting  as  governor, 
in  large  part  either  advisory  or  administrative  officers. 

The  Governor.  —  The  governor  is  elected  by  the  qualified 
electors  of  the  state  for  a  term  of  four  years.  If  there  are 
only  two  candidates  for  the  position,  the  one  receiving  a 
majority  of  the  votes  cast  is  declared  elected;  if  there  are 
three  or  more  candidates,  the  one  receiving  the  highest 
number  of  votes  is  elected.  In  case  of  a  tie  between  the 
two  highest  the  choice  rests  with  the  legislature. 

The  governor  must  be  thirty  years  of  age,  a  qualified 
elector,  and  a  resident  of  the  state  five  years  preceding  his 
election.  It  is  the  duty  of  the  governor  to  see  that  the 
laws  are  strictly  enforced ;  to  call  out  the  militia  in  times 
of  need  to  maintain  order,  as  by  virtue  of  this  position  he 
is  commander  in  chief  of  the  military  forces  of  the  state 
(Utah  National  Guard)  except  when  they  are  in  the  serv- 
ices of  the  United  States.  When  the  legislature  convenes, 
it  is  his  duty  to  send  a  message  to  that  body,  calling  atten- 
tion to  the  condition  and  needs  of  the  state  and  its  institu- 
tions and  recommending  such  legislation  as  he  considers 
necessary.  All  bills  passed  by  the  legislature  require  his 
signature  before  they  become  laws,  unless  they  are  passed 
over  his  veto  by  a  majority  in  each  house  of  two  thirds. 
If,  however,  a  bill  is  allowed  to  lie  on  the  governor's  table 
five  days,  Sundays,  holidays,  and  the  day  upon  which  he 
received  it,  excepted,  it  becomes  a  law  without  his  signature. 
He  is  authorized  to  convene  a  special  session  of  the  legis- 
lature whenever  the  public  welfare  demands  it,  and  in  case 
of  a  disagreement  between  the  two  houses  as  to  the  time 
of  adjournment  in  a  special  session  he  can  adjourn  them. 


54  CIVIL   GOVERNMENT  OF  UTAH 

With  the  consent  of  the  Senate  he  has  authority  to  ap- 
point all  state  and  district  officers  not  otherwise  provided 
for.  In  case  of  general  state  officers  he  has  authority  to 
fill  vacancies  caused  by  death  or  resignation.  The  ap- 
pointive power  of  the  governor  in  respect  to  the  state  offi- 
cial positions  created  by  the  legislature  is  very  extensive. 
This  is  especially  true  with  respect  to  boards  which  do 
state  business  or  control  state  institutions.  The  term  of 
the  governor  is  long ;  and  the  terms  of  the  members  of  the 
several  boards  are  short.  It  gives  an  executive  power  in 
one  term  to  change  completely  the  poHcy  of  an  institution. 
A  great  number  of  the  states  are  extending  the  terms  of 
office  of  the  various  boards,  so  as  to  make  it  impossible  to 
bring  about  a  radical  change  during  the  administration  of 
any  one  man.  Where  the  term  of  office  of  the  boards  of 
management  of  the  state  institutions  are  much  longer 
than  that  of  the  executive,  if  a  change  of  policy  in  an 
institution  is  desired,  it  would  be  necessary  to  choose  two 
or  more  governors  who  favored  a  change. 

Board  of  Pardons.  — The  power  pertaining  to  pardons  and 
reprieves,  usually  delegated  to  the  governor,  is  exercised  in 
this  state  by  a  board  consisting  of  the  governor,  justices 
of  the  supreme  court,  and  the  attorney-general,  known  as 
the  Board  of  Pardons.  Temporary  pardons  or  reprieves, 
in  case  of  necessity,  may  be  granted  by  the  governor. 
They  may  remain  in  effect  until  the  Board  of  Pardons 
meets.  These  apply  to  prisoners  under  sentence  to  the 
state  prison. 

Administrative  Officers,  — As  before  mentioned, the  consti- 
tution designates  all  of  the  following  as  executive  officers, 
but  they  are,  in  fact,  mainly  administrative  in  their  duties : 
secretary  of  state,  state  auditor,  state  treasurer,  attorney- 
general   and    superintendent  of  public  instruction.     They 


EXECUTIVE    DEPARTMENT  55 

are  elected  at  the  general  election  the  same  time  as  the 
governor,  and  their  duties  are  very  fully  prescribed  by  law. 

Secretary  of  State. — The  secretary  of  state  is  elected  for 
a  term  of  four  years  and  is  eligible  for  reelection.  In  case 
of  absence  from  the  state,  inability,  death,  or  resignation 
of  the  governor,  he  becomes  the  acting  governor.  The 
secretary  is  the  official  record  keeper  of  the  state.  He 
must  keep  an  enrolled  copy  of  the  constitution  of  the  state 
and  all  laws,  resolutions,  memorials,  and  petitions  acted  upon 
by  the  legislature.  In  addition  he  is  the  keeper  of  the 
great  seal  of  the  state,  and  of  all  books,  records,  deeds, 
parchments,  maps,  and  papers  deposited  in  his  office  ac- 
cording to  law.  When  the  governor  has  placed  his  signa- 
ture upon  legislative  enactments,  the  secretary  is  required 
to  place  the  great  seal  of  the  state  upon  them  and  to  dis- 
tribute copies  of  them  to  certain  designated  federal,  state, 
and  county  officials.  In  addition  to  the  foregoing,  he  must 
file  in  his  office  all  articles  of  incorporation,  and  collect  all 
taxes  levied  upon  corporations. 

The  Auditor.  —  The  state  auditor  is  elected  for  a  term  of 
four  years,  but  the  constitution  provides  that  he  cannot  suc- 
ceed himself  for  a  second  term.  He  is  required  to  keep 
account  of  all  state  funds,  including  the  receipts,  collections, 
and  expenditures  of  all  moneys  belonging  to  the  state. 
All  claims  must  be  examined  by  him  before  they  are  paid, 
to  see  that  they  are  just  and  legal.  Furthermore,  he  is 
required  to  examine  the  books  of  all  persons  keeping  or 
disbursing  public  moneys ;  collect  all  payments  due  the 
state,  instituting  suit  if  necessary ;  furnish  the  governor  a 
statement  of  the  revenues,  expenditures,  and  funds  of  the 
state  with  an  estimate  for  the  future ;  transmit  upon 
request  a  similar  statement  to  the  legislature ;  and  draw 
warrants  upon   the   treasury  for   the   payments  of   state 


56  CIVIL  GOVERNMENT  OF  UTAH 

obligations.  He  must  also  record  all  trade-marks  and 
brands.  In  fact,  he  is  the  official  bookkeeper,  or  ac- 
countant, of  the  state. 

The  Treasurer.  —  The  treasurer  is  elected  for  a  term  of 
four  years.  The  constitution  provides  that  he  cannot  suc- 
ceed himself  for  a  second  term.  He  is  the  custodian  of 
the  funds  of  the  state.  It  is  his  duty  to  receive  all 
moneys ;  to  keep  all  funds  ;  to  pay  all  warrants  issued  by 
the  auditor ;  to  make  a  record  of  all  receipts  and  disburse- 
ments; and  to  report  to  the  governor  semiannually  the 
condition  of  the  treasury  and  likewise  to  the  legislature 
when  requested. 

The  governor  is  authorized  in  the  case  of  default,  em- 
bezzlement, or  irregularity  in  the  use  or  keeping  of  the 
funds  by  the  treasurer  to  suspend  him  from  office,  upon 
the  recommendation  of  the  Board  of  Examiners  (gov- 
ernor, secretary  of  state,  and  attorney-general).  If,  after 
the  books  have  been  carefully  examined  by  an  expert,  the 
Board  of  Examiners  issues  a  certificate  stating  that  the 
funds  have  been  improperly  used,  the  governor  is  author- 
ized to  remove  the  treasurer  and  to  appoint  his  successor. 
The  object  of  this  provision  is  to  guard  carefully  the  funds 
of  the  state  and  to  see  that  they  are  not  misappropriated. 

Attorney- General.  —  The  attorney-general  is  elected  for 
a  term  of  four  years  and  is  eligible  for  reelection.  It  is 
his  duty  to  prosecute  and  defend  all  cases  against  the 
state  or  any  officer  of  the  state  arising  in  the  supreme 
court  of  the  state  or  in  any  court  of  the  United  States ; 
to  supervise  the  work  of  the  county  attorneys ;  to  give  his 
opinion  free  of  charge  to  any  state  officer,  board,  or  com- 
mission ;  to  institute  and  prosecute  cases  in  the  courts  of 
the  state  or  the  United  States  against  Corporations  doing 
business  in  the  state  in  violation  of  the  laws.     All  fees  re- 


EXECUTIVE   DEPARTMENT  57 

ceived   by  him  must  be  turned  into  the   treasury  of  the 
state.     His  bond  is  $5000. 

Superintendent  of  Public  Instruction. — The  superintend- 
ent of  public  instruction  is  elected  for  a  term  of  four  years 
with  no  limitations  as  to  the  number  of  terms  he  may  serve 
if  the  people  see  fit  to  reelect  him.  He  must  be  thirty 
years  of  age,  a  qualified  voter,  a  resident  of  the  state  for 
five  years  preceding  his  election,  the  holder  of  a  state  cer- 
tificate of  the  highest  class  issued  by  a  state  or  a  graduate 
of  some  reputable  college,  university,  or  normal  school. 
The  superintendent  is  charged  with  the  general  administra- 
tion of  the  system  of  public  education  and  with  the  gen- 
eral supervision  of  the  (district  and  high)  schools  of  the 
state ;  with  the  apportionment  of  the  state  funds ;  with  the 
making  of  a  biennial  report  to  the  governor  as  to  the  con- 
ditions and  needs  of  the  schools ;  with  calling  conventions 
of  city  and  county  superintendents ;  with  the  advising  of 
superintendents,  school  officers,  and  teachers,  as  to  school 
management  and  law.  He  is  chairman  of  the  State  Board 
of  Education. 

QUESTIONS 

1.  What  is  the  duty  of  the  executive  department  ? 

2.  For  what  term  is  the  governor  elected  ? 

3.  What  are  the  qualifications  prescribed  for  the  office  ? 

4.  What  is  the  salary  ? 

5.  When  can  the  governor  call  a  special  session  of  the  legislature  ? 

6.  How  can  a  governor  veto  a  bill  ? 

7.  What  does  the  word  "  veto  "  mean  ? 

8.  How  can  the  legislature  pass  a  bill  over  the  governor's  veto  ? 

9.  In  case  the  governor  should  die  or  resign,  who  would  succeed  him  ? 

10.  When  do  we  elect  the  governor  ? 

1 1 .  What  other  general  state  officials  are  elected  at  the  same  time  ? 

12.  Name  the  most  important  duties  of  these  state  officials  ?  Why 
are  they  mainly  administrative  ? 


58  CIVIL   GOVERNMENT  OF  UTAH 

The  Judicial  Department 

In  modern  civilized  nations  a  well-trained  and  indepen- 
dent judiciary  is  of  primary  importance  in  the  development 
of  civil  rights.  The  judges  of  the  Anglo-Saxon  race  have 
always  gloried  in  the  spirit  of  fairness  and  impartiality 
which  has  characterized  their  administration  of  the  law. 
We  Americans  have  to  place  by  the  side  of  such  distinguished 
jurists  as  Lords  Mansfield  and  Ellenborough,  Chief  Jus- 
tice Marshall.  It  should  be  the  pride  of  every  state  to 
provide  itself  with  able,  independent  judges.  In  fact, 
judges  should  not  be  subject  to  poHtics. 

**  The  judicial  power  of  the  state,"  according  to  the  con- 
stitution, *'  is  vested  in  the  Senate  acting  as  a  court  of  im- 
peachment, the  supreme  court,  district  courts,  justices  of 
the  peace,  and  such  other  inferior  courts  as  may  be  estab- 
lished by  law."  In  accordance  with  this  provision  the 
legislature  has  established  a  supreme  court,  seven  district 
courts,  and  courts  of  justices  of  the  peace  and  municipal 
courts. 

The  supreme  court  is  the  highest  court  in  the  state. 
The  constitution  wisely  provides  that  the  number  of  jus- 
tices of  the  supreme  court  cannot  be  indefinitely  increased  ; 
the  number  cannot  exceed  five ;  the  purpose  of  this  pro- 
vision is  to  prevent  an  increase  of  the  number  of  judges 
for  political  or  partisan  purposes,  or  in  order  to  overcome 
an  unpopular  decision. 

At  present  there  are  three  judges,  the  lowest  number 
allowed.  The  term  is  six  years.  In  the  election  of  justices 
of  the  supreme  court  the  state  is  one  district,  thus  all  the 
electors  vote  for  each  judge.  Of  the  judges  regularly 
elected  the  one  with  the  shortest  term  is  chief  justice. 
Two  constitute  a  quorum  to  do  business.     Persons  to  be 


JUDICIAL   DEP.\RTMENT  59 

eligible  to  this  office  must  be  at  least  thirty  years  of  age, 
five  years  a  resident  of  the  state,  and  a  member  of  the  bar. 
Jurisdiction  of  the  Supreme  Court.  —  The  supreme  court 
has  original  jurisdiction,  that  is,  legal  processes  can  be  be- 
gun there,  to  issue  writs  of  mandamus,  certiorari,  prohibition 
quo  warranto,  and  habeas  corpus.  Each  of  the  justices 
of  the  supreme  court  has  authority  to  issue  a  writ  of 
habeas  corpus  when  it  is  asked  for  by  a  person  confined  in 
a  jail  or  when  asked  for  by  any  person  in  his  behalf. 
The  justice  issuing  the  writ  can  make  it  obligatory 
that  a  hearing  be  had  before  himself,  the  supreme 
court,  or  a  judge  of  a  district  court.  As  a  matter  of  fact, 
however,  practically  all  the  business  of  the  supreme  court 
comes  to  it  upon  appeals  from  the  district  courts.  The 
supreme  court  is  not  supposed,  ordinarily,  to  try  a  case, 
but  to  decide  points  of  law.  When  cases  are  appealed  to 
it  from  the  lower  courts,  it  carefully  examines  them  to  see 
if  the  law  has  been  properly  interpreted  and  also  to  see  if 
the  decision  is  in  accordance  with  the  law  and  facts.  At 
the  time  the  case  is  being  considered  the  court  listens  to 
arguments  presented  by  the  lawyers  of  both  the  parties  to 
the  case.  The  arguments  may  be  made  orally  or  in  writing. 
Before  this  court,  ordinarily,  no  witnesses  can  be  heard  or 
evidence  presented.  The  judgment  of  the  district  court 
may  be  affirmed,  or  if  the  decision  is  contrary  to  the  law 
or  the  constitution,  reversed,  modified,  or  a  new  trial 
granted  in  the  district  court.  In  any  case  before  the  court, 
the  opinion  of  the  majority  of  the  justices  is  considered  the 
decision  of  the  court.  Every  decision  must  be  in  writing. 
The  judgment  of  the  supreme  court  is  final  in  all  cases 
which  do  not  involve  the  laws,  treaties,  or  constitution  of 
the  United  States.  In  such  cases  appeals  may  be  taken 
to  the  federal  courts. 


6o  CIVIL   GOVERNMENT    OF   UTAH    . 

District  Courts.  —  At  present  the  state  is  divided  into 
seven  judicial  districts,  each  of  which  elects  one  judge,  except 
the  second  judicial  district,  which  elects  two,  and  the  third 
elects  five  judges.  It  lies  within  the  power  of  the  legisla- 
ture to  change  the  size  or  number  of  the  districts  at  any 
time  or  to  decrease  or  increase  the  number  of  judges  of 
any  district  whenever  it  sees  fit.  No  change,  however,  can 
effect  the  removal  of  a  judge  already  elected. 

The  judges  are  elected  for  a  term  of  four  years.  Each 
must  be  twenty-five  years  of  age,  learned  in  the  law,  a 
member  of  the  bar,  and  a  resident  of  the  state  for  three 
years  past  preceding  the  election,  and  a  resident  of  the 
district  of  the  state  for  which  he  is  elected. 

The  law  requires  the  district  court  to  hold  at  least  three 
sessions  a  year  in  each  county  of  the  district.  The  court 
has  authority  to  try  all  civil  and  criminal  cases  arising 
within  the  district.  All  cases  must  be  tried  within  the 
county  where  the  offense  was  supposed  to  have  been  com- 
mitted unless  a  request  is  made  for  a  change  into  another 
county.  This  is  frequently  done  when  it  is  felt  that  the 
public  feeling  is  so  strong  against  the  accused  that  a  fair 
trial  cannot  be  had,  in  the  district  where  the  case  was  begun. 

Often  a  judge  is  disquaUfied  to  try  certain  cases.  He  may 
have  been  a  legal  adviser  of  one  of  the  parties  to  the  case 
before  he  became  a  judge  or  in  some  other  way  be  inter- 
ested in  the  outcome  of  the  decision.  Under  such  circum- 
stances a  judge  from  another  district  may  be  invited  to 
preside  at  the  trial  by  the  judge  of  the  district.  If  the 
governor  affirms  the  request,  it  becomes  the  duty  of  the 
judge  to  substitute  for  the  disquaHfied  judge. 

In  all  cases  where  the  state  is  involved  the  interest  of 
the  commonwealth  is  represented  by  the  district  attorney, 
attorney-general,  or  some  other  state  attorney. 


JUDICIAL    DEPARTMENT  6 1 

The  district  court  has  the  original  authority  to  try  all  civil 
or  criminal  cases  and  to  dispose  of  all  matters  pertaining  to 
the  estates  of  deceased  persons,  commonly  known  as  probate 
business,  except  such  as  are  otherwise  provided  for  by  law. 
It  has  also  the  right  to  hear  or  retry  upon  appeal  all  cases 
which  were  begun  in  the  city  or  justice  of  the  peace  courts. 
It  has  general  supervisory  control  over  the  courts  of  the 
cities  or  of  the  justices  of  the  peace  within  the  district. 
Any  court  of  a  district  has  authority  to  issue  such  writs  as 
afe  necessary  to  carry  out  its  orders  or  decrees  or  judg- 
ments. 

In  nearly  all  cases  in  the  district  courts  juries  are  employed 
to  decide  upon  the  facts ;  the  law  is  decided  upon  by  the 
judge.  Appeals  lie  from  nearly  all  final  orders,  decrees, 
and  judgments  of  the  district  court  to  the  supreme  court. 
The  district  court  is  the  court  which  comes  nearest  to  the 
people.  It  hears  and  settles  most  disputes,  and,  while 
appeals  are  often  taken  to  the  supreme  court  of  the  state, 
it  is,  in  the  majority  of  cases,  the  place  where  the  body  of 
the  differences  are  settled. 

District  Attorney.  —  A  prosecuting  attorney  is  elected 
for  each  judicial  district  for  a  term  of  four  years  at  a  fixed 
salary.  The  judge  in  each  case  with  the  aid  of  the  jury  is 
to  decide  a  case,  when  it  is  brought  to  his  court,  but  it  is 
the  duty  of  the  attorney  to  look  after  the  interests  of  the 
state,  prepare  the  case,  and  prosecute  all  civil  and  criminal 
cases  in  which  the  state  is  involved  ;  to  draw  all  complaints 
or  bills,  appear  before  grand  juries ;  and  to  do  other  state 
business  including  such  as  the  attorney-general  demands. 

Juvenile  Courts.  —  The  law  provides  that  the  governor, 
the  attorney-general,  and  the  superintendent  of  public 
instruction  constitute  a  juvenile  court  commission  with 
power  to  appoint  a  secretary  to  the  commission  and  a  judge 


62  CIVIL   GOVERNMENT  OF  UT.\H 

for  the  juvenile  court  in  each  judicial  district  of  the  state 
which  contains  a  city  of  the  first  or  second  class  for  a  term 
of  two  years,  and  also  upon  the  recommendation  of  the 
juvenile  judge,  a  probation  ofificer  who  shall  serve  during 
the  pleasure  of  the  commission.  The  duty  of  the  proba- 
tion officer  is  to  serve  the  court  and  to  care  for  the  delin- 
quent boys  and  girls  who  are  under  eighteen  years  of  age 
and  of  adults  who  contribute  to  the  delinquency  of  children 
under  eighteen.  This  court  is  one  of  the  modern  means 
adopted  to  help  children  and  as  far  as  possible  prevent  their 
becoming  criminals.  Juvenile  courts  should  command  the 
service  of  well-educated  men  who  are  intensely  interested 
in  the  welfare  of  young  folks;  not  so  much  a  knowledge  of 
law  is  needed  as  a  knowledge  of  child  life.  The  aim  is  to 
look  at  things  from  the  point  of  view  of  a  child  and  where 
the  minor  makes  a  mistake,  to  attempt  to  get  him  to  correct 
it. 

The  Trial  of  Cases  in  Courts.  —  A  case  is  a  disputed  ques- 
tion before  a  court,  commonly  called  a  lawsuit.  A  trial  is 
the  examination  of  the  disputed  question  before  a  court 
with  a  view  of  settling  it.  The  person  making  a  complaint 
before  a  court  is  the  plaintiff ;  the  opposite  party  is  the 
defendant. 

There  are  two  classes  of  cases,  criminal  and  civil.  Crim- 
inal cases  are  begun  in  the  state  ordinarily  by  the  pros- 
ecuting attorney,  or  some  other  person  swearing  out  a 
complaint.  Formerly,  even  in  criminal  cases,  the  individ- 
ual injured,  or  his  friends,  carried  on  the  proceedings,  the 
state  taking  no  part.  A  criminal  act  is  regarded  as  being 
against  everybody  and,  therefore,  is  against  the  state.  All 
cases  not  criminal  are  civil. 

Crimes  are  divided  into  two  classes.  Those  punishable 
with  death  or  imprisonment  in  the  state  prison  are  called 


JUDICIAL   DEPARTMENT  63 

felonies ;  all  other  offenses  against  the  law  are  called  mis- 
demeanors. Any  justice  of  the  peace  or  judge  of  the  dis- 
trict may  issue  a  warrant  for  the  arrest  of  any  person  upon 
information  furnished  by  the  prosecuting  attorney  or  upon 
the  complaint  under  oath  of  an  individual  charging  the 
commission  of  a  felony  or  a  misdemeanor. 

When  the  warrant  is  issued,  it  is  placed  in  the  hands  of 
an  officer  for  the  arrest  of  the  offender.  When  arrested, 
he  is  taken  before  a  justice  for  a  trial  or  for  preliminary 
hearing  to  be  bound  over  to  a  higher  court.  If  the  ac- 
cused is  convicted  in  the  justice's  court,  he  can  appeal  to 
the  district  court  and  in  cases  involving  questions  of  law, 
procedure,  etc.,  to  the  supreme  court. 

In  many  serious  charges,  such  as  felony  cases,  the  justice 
has  no  authority  to  try  them  at  all,  but  can  grant  prelimi- 
nary hearing,  and  if  the  evidence  warrants  it,  bind  the  de- 
fendant over  with  or  without  bail  to  appear  before  a  higher 
court.  In  cases  of  murder  bail  is  generally  not  allowed, 
but  the  person  is  committed  to  jail  until  a  trial  is  had. 

When  a  case  comes  before  a  court  for  trial,  the  defend- 
ant may  move  to  dismiss  or  set  aside  the  complaint  made 
against  him.  If  the  court  overrules  the  motion,  the  defend- 
ant is  required  to  go  on  trial.  The  charge  is  read  in  open 
court  to  him  and  he  is  requested  to  plead  *'  guilty  "  or  "  not 
guilty."  If  he  pleads  "guilty,"  he  can  be  sentenced  at 
once  for  the  offense,  and  if  "  not  guilty,"  a  day  is  set  to 
go  to  trial.  In  case  the  defendant  is  too  poor  to  employ 
an  attorney,  the  judge  may  request  any  attorney  practicing 
in  the  court  to  defend  him.  The  state  is  represented  by 
the  prosecuting  attorney.  Every  criminal  action  must  be 
tried  publicly  in  the  county  where  the  offense  was  com- 
mitted unless  there  is  good  reason  to  believe  that  a  fair 
trial  cannot  be  obtained.     The  case  can  be  tried  by  a  jury 


64  CIVIL  GOVERNMENT   OF   UTAH 

upon  the  request  of  either  party.  The  defendant  and  the 
prosecution  can,  upon  agreement,  submit  the  case  to  trial 
before  the  judge  only. 

When  it  comes  to  a  trial  by  jury,  it  sometimes  requires  the 
examination  of  a  long  list  of  persons  before  an  impartial 
body  of  men  can  be  obtained.  Many  persons  are  excused 
by  the  judge  because  of  knowledge  and  conviction  on  the 
case.  A  certain  number  of  jurors  can  be  objected  to  with- 
out assigning  any  reason.  After  the  jury  is  impaneled 
and  sworn,  the  state,  through  the  prosecuting  attorney, 
presents  its  side  of  the  case  and  brings  witnesses  to  sup- 
port it.  The  defendant  then  may  offer  testimony  to  refute 
the  charges  made  against  him. 

After  all  the  evidence  for  and  against  the  defendant  has 
been  introduced,  the  attorneys  sum  it  up  for  their  respec- 
tive sides.  The  judge  gives  the  jury  instructions  pertaining 
to  the  law  and  it  now  retires  to  arrive  at  a  verdict.  When 
it  reaches  a  verdict,  notice  is  sent  and  the  jury  comes  be- 
fore the  court,  where  the  verdict  is  read  to  the  accused..  If 
the  verdict  is  "not  guilty,"  the  defendant  is  released;  if 
"guilty,"  he  is  held  for  sentence  by  the  court. 

The  defendant  may  find  new  evidence  and  ask  for  a  new 
trial,  which,  if  the  court  sees  fit,  it  may  grant.  If  the  new  trial 
is  not  granted,  an  appeal  may  be  taken  to  the  supreme  court. 
The  supreme  court  may  granta  new  trial,  discharge  the  case, 
or  affirm  the  decision  of  the  lower  court.  If  in  any  case  the 
jury  should  fail  to  agree  upon  a  verdict,  there  is  a  mistrial 
called  a  "  hung  jury,"  and  the  case  may  be  retried. 

Civil  cases  usually  involve  a  dispute  over  some  property. 
The  case  is  begun  by  the  fihng  of  a  complaint  in  the  office 
of  the  clerk  of  the  court.  A  summons  is  thereupon  issued 
and  directed  to  the  sheriff,  giving  notice  to  the  defendant 
of  the  commencement  of  the  suit.     The  dispute  may  involve 


JUDICIAL  DEPARTMENT  65 

a  point  of  law  or  a  question  of  fact.  The  former  is  tried 
by  the  court,  the  latter  by  the  petit  or  trial  jury.  The  use 
of  a  jury  may  be  waived  by  an  agreement  of  the  parties  to 
the  civil  action.  The  statement  of  the  case,  the  submission 
of  the  evidence,  the  argument,  and  the  instructions  are  the 
same  as  in  criminal  cases. 

The  grand  jury  is  a  body  of  seven  men  called  together 
by  a  district  judge  to  investigate  the  violations  of  the  law. 
In  most  states  the  laws  provide  for  the  calling  of  the  grand 
jury  once  or  twice  a  year.  In  this  state  the  grand  jury  is 
only  convened  upon  an  order  of  the  judge  of  the  district 
court.  When  once  convened,  it  is  required  to  investigate 
in  secret  the  violations  of  the  law  and,  if  necessary,  the  ad- 
ministration of  any  or  all  public  offices.  If  the  evidence 
seems  to  show  that  unlawful  acts  have  been  performed,  in- 
dictments are  drawn  against  the  offenders  or  in  other 
words,  formal  charges  are  preferred  against  certain  indi- 
viduals and  presented  to  the  clerk  of  the  court.  Warrants 
are  now  issued  for  the  arrest  of  the  indicted  persons,  and 
the  procedure  is  the  same  as  outlined  in  criminal  cases. 

QUESTIONS 

1.  What  is  the  duty  of  the  court  ? 

2.  Why  should  a  judge  be  a  particularly  fair  and  honest  man? 

3.  How  many  kinds  of  courts  do  we  have  in  this  state? 

4.  How  are  the  judges  of  the  several  courts  elected? 

5.  What  are  their  terms  of  office? 

6.  What  is  the  name  of  the  highest  court  in  the  state? 

7.  How  many  judges  sit  in  this  court? 

8.  Where  are  the  cases  first  tried? 

9.  Why  does  each  district  elect  a  prosecuting  attorney  and  the  State 
an  attorney-general  ? 

10.  Are  interested  parties  to  a  suit  allowed  to  bring  witnesses  be- 
fore the  supreme  court? 

11.  Of  what  use  is  the  grand  jury  ? 


66  CIVIL  GOVERNMENT   OF   UT.\H 

Appointive  Officers 

A  century  ago  there  was  a  strong  tendency  toward  the 
diffusion  of  power.  By  this  is  meant  that  many  offices 
were  filled  directly  by  the  people.  The  purpose  was  to 
keep  the  power  as  near  to  the  people  as  possible.  Our 
forefathers  had  been  oppressed  by  kings  and  rulers  and 
believed  that  Httle  power  should  be  given  to  them,  but  that 
great  power  should  be  given  to  the  legislature  over  the 
affairs  of  the  state. 

Just  how  many  officials  should  be  elected  and  how 
many  appointed  is  a  difficult  matter  to  determine.  Some 
maintain  that  the  people  in  a  democracy  should  elect  as 
many  as  possible  in  order  to  keep  the  power  in  their  own 
hands;  others,  and  the  tendency  seems  in  that  direction 
at  present,  feel  that  better  results  can  be  obtained  by  the 
people  electing  an  executive  officer  or  commission  with 
power  to  fill  all  the  other  offices.  In  this  manner  the 
selective  power  will  have  several  persons  to  make  a  choice 
from  and  can  take  time  to  inquire  into  their  ability  and 
character,  which  is  difficult  to  do  in  a  political  conven- 
tion. 

In  this  state  neither  extreme  has  been  followed.  The 
people  have  retained  the  right  to  fill  a  great  many  offices 
by  election;  and  the  legislature  has  granted  the  power  to 
the  governor,  with  the  consent  and  approval  of  the  Senate, 
to  make  appointments  to  a  large  number  of  offices.  In 
this  chapter  upon  "appointive  officers  and  state  boards 
and  commissions"  it  is  to  be  understood,  unless  otherwise 
specified,  that  all  persons  occupying  these  several  positions 
are  appointed  to  them  by  the  governor,  upon  the  approval 
of  the  Senate.  There  are,  however,  a  few  ex  officio  mem- 
bers on  the  different  boards  and  commissions. 


APPOINTIVE  OFFICERS  67 

Adjutant  General. — The  governor  is  commander  in  chief 
of  the  Utah  National  Guard.  He  appoints  as  members  of 
his  staff  an  adjutant  general,  an  inspector  general,  quarter- 
master general,  a  commissary  general,  a  surgeon  general, 
a  judge  advocate  general,  a  general  inspector  of  target 
practice,  an  assistant  adjutant  general,  and  two  aides-de- 
camp. Next  in  command  to  the  governor  is  the  adjutant 
general.  He  is  supposed  to  carry  out  the  orders  of  the 
governor  and  be  in  active  control  of  the  military  forces 
of  the  state.  It  rests  with  the  adjutant  general  and  the 
staff  to  maintain  within  the  state  a  capable  and  efficient 
military  force,  which  must  not  be  less  than  three  hundred 
in  number.  The  term  of  office  of  the  military  officials 
cannot  extend  beyond  the  term  of  office  of  the  governor 
appointing  them.  The  purpose  of  maintaining  a  state 
militia  is  to  insure  peace  and  safety  against  riot  and  dis- 
order in  any  part  of  the  state. 

The  officers  are  paid  a  regular  salary  for  their  work  of  or- 
ganizing and  training  an  efficient  military  force  of  the  state. 
The  privates  and  non-commissioned  officers,  on  the  other 
hand,  are  paid  small  amounts  when  at  practice  or  in  service. 

Bank  Commissioner.  —  Banks  are  among  our  most  useful 
institutions.  People  with  a  surplus  place  it  in  a  bank  for 
convenience  or  for  interest,  while  others  in  need  go  there 
to  borrow.  In  this  way  they  help  to  build  up  a  community. 
The  majority  of  people  who  deal  with  banks  know  very 
little  about  their  reliability.  Banks  are  chartered  by  the 
federal  government,  in  the  case  of  national  banks,  and  by 
the  state  in  the  case  of  the  state  banks.  In  order  to  see  that 
their  business  is  properly  transacted,  and  in  order  to  protect 
the  patrons,  the  federal  government  appoints  bank  examin- 
ers to  examine  the  national  banks,  and  the  state  appoints 
a  state  bank  commissioner  and  bank  examiners  to  examine 


68  CIVIL  GOVERNMENT  OF  UTAH 

state  banks.  Loan  trust  and  guaranty  associations  do  a 
business  similar  to  banking  and  are  under  like  supervision. 

By  law  the  commissioner  of  banks  is  given  general  super- 
vision of  the  banks  of  the  state.  He  must  have  had  three 
years'  practical  experience  in  banking  in  order  to  be  quali- 
fied for  appointment.  He  is  assisted  by  one  or  more  bank 
examiners  appointed  by  the  governor.  Their  duties  are  to 
inspect  the  books,  examine  the  commercial  paper,  and  de- 
termine the  reliability  of  the  state  banks,  loan  trusts,  or  guar- 
anty associations.  The  examinations  must  be  made  at  least 
once  a  year  and  oftener  if  the  secretary  of  state  requests  it. 

Chemist  (State).  —  In  former  times  most  of  the  food  con- 
sumed in  the  home  was  prepared  by  the  family.  Meats 
and  fruits  were  cured  at  home  for  family  use.  In  this  way 
good,  wholesome  food  was  provided.  Modern  science  and 
means  of  transportation  have  changed  conditions.  At  an 
ordinary  dinner  the  different  parts  of  the  earth  are  repre- 
sented by  their  products.  The  house  industry  has  been 
supplanted  by  the  factory,  which  is  a  means  of  supplying, 
in  many  cases,  millions  of  people.  The  modern  factory  is 
an  institution  run  by  its  owner  for  profit.  If  for  the  pure 
product  can  be  substituted  some  cheap  but  inferior  article, 
the  profits  can  be  largely  increased.  This  is  bad  enough 
if  the  substitute  is  a  harmless  one.  Too  often,  however, 
it  is  a  poisonous  one,  which  no  one  except  a  trained  chemist 
is  able  to  detect.  So  much  impure  food  has  been  placed 
upon  the  market  that  the  national  government  has  had  to 
create  a  regular  bureau  to  analyze  food  shipped  into  foreign 
countries  and  from  one  state  to  another. 

However,  considerable  food  is  manufactured  within  each 
state  and  over  this,  unless  it  enters  into  interstate  com- 
merce, the  national  government  has  no  control,  but  it  is 
the  duty  of  the  state  to  inspect  it 


APPOINTIVE    OFFICERS  69 

The  state  chemist  is  appointed  for  a  term  of  two  years 
and  his  duties  require  him  to  analyze  all  articles  of  food 
and  drink  manufactured,  sold,  or  used  within  the  state, 
when  submitted  to  him  by  the  state  dairy  and  food  com- 
missioner or  the  State  Board  of  Health.  The  office  is  one 
of  the  most  important  within  the  state.  In  order  to  fulfill  it 
properly,  it  requires  a  good  chemist  and  a  man  of  strict 
integrity.     The  bond  is  $  5000.     The  term  is  two  years. 

Coal  Mine  Inspector.  —  Under  the  best  possible  conditions 
mining  is  a  dangerous  occupation.  Thousands  of  men 
lose  their  lives  every  year  in  the  mines  of  the  United 
States.  In  certain  mines  explosive  gases  gather  and  in  the 
presence  of  fire  explosions  take  place.  By  proper  precau- 
tions these  can  be  prevented.  Poor  timbering  is  often 
done  or  poor  machinery  installed.  All  of  these  are  the 
cause  of  numerous  accidents  and  a  great  loss  of  life.  In 
order  to  enforce  proper  regulations,  a  state  inspector  of 
coal  mines  is  appointed.     The  term  is  four  years. 

Dairy  and  Food  Commissioner.  —  Closely  associated  and 
equally  important  with  the  state  chemist  is  the  dairy  and 
food  commissioner.  It  is  his  duty  to  see  that  all  laws 
governing  the  production,  manufacture,  and  sale  of  foods 
and  dairy  products  are  strictly  enforced.  Modern  science 
has  taught  us  that  cleanliness  is  essential  to  health.  Filth 
breeds  disease.  So  it  is  essential,  not  only  that  foods 
shall  not  be  adulterated,  but  that  they  shall  be  free  from 
all  forms  of  injurious  bacteria.  To  accomplish  this  the 
dairy  and  food  commissioner  must  insist  that  all  places 
where  food  products  are  prepared  and  offered  for  sale,  and 
where  meats  are  slaughtered  or  offered  for  sale,  be  kept 
clean  and  wholesome.  To  accomplish  this,  he  or  his  depu- 
ties are  required  to  visit  all  parts  of  the  state  and  when- 
ever he  feels  that  diseased,  unclean,  infected,  unwholesome. 


70  CIVIL   GOVERNMENT  OF  UTAH 

or  adulterated  products  are  prepared  or  offered  for  sale  to 
examine  them,  and  if  they  are  found  to  be  so,  to  prohibit 
their  sale.  For  this  purpose  it  is  necessary  to  inspect 
factories,  dairies,  creameries,  bakeries,  restaurants,  shops, 
and  all  places  where  any  kind  of  foods  are  produced  or 
exhibited  for  sale.  If  unfit  foods  or  unclean  factories, 
shops,  or  stores  are  found,  he  must  abate  the  nuisance. 
That  the  state  should  take  up  this  task  is  one  of  the  great- 
est steps  towards  advancement  in  health  conditions  in  the 
last  half  century.  Many  years  will  go  by  before  conditions 
are  as  they  should  be,  but  there  is  an  old  adage  that  well 
begun  is  half  done.     His  term  is  two  years. 

Engineer  (State).  —  In  humid  climates  the  control,  dis- 
tribution, and  regulation  of  the  natural  streams  are  not  so 
important  to  production,  unless  it  is  by  drainage  or  other 
means  of  getting  rid  of  the  surplus  water.  In  the  states 
of  the  arid  regions  it  is  essential  to  their  agricultural, 
domestic,  and  social  development  that  the  water  from  the 
streams  be  properly  distributed  and  that  reservoirs  and 
other  means  be  provided  for  the  storage  of  flood  waters. 
Where  the  water  becomes  more  valuable  than  the  land 
itself  the  streams  are  apportioned,  measured,  and  properly 
recorded  and  the  ownership  determined.  The  state  as- 
signs this  work  to  the  state  engineer  and  his  aids.  Of 
course  disputed  points  may  be  taken  to  the  courts  for  final 
settlement.  He  is  authorized  to  make  such  rules  and 
regulations  as  will  carry  out  the  foregoing  provisions  and 
secure  an  equitable  and  fair  division  of  the  water  of  the 
several  streams  according  to  the  established  rights  of  the 
owners  or  claimants.  At  present  there  are  few  things  as 
important  to  the  welfare  of  the  state  as  the  proper  conserva- 
tion and  distribution  of  the  water  supply.  Every  town 
should  exert  itself  to  the  limit  to  get  an  ample  supply  of 


APPOINTIVE  OFFICERS  71 

pure  water.  The  person  appointed  to  the  office  of  state 
engineer  must  be  well  qualified.  His  term  of  office  is  four 
years,  and  his  bond  is  $5CXXD. 

Examiners  of  Public  Accounts.  —  In  order  to  see  that 
proper  accounts  are  kept  of  the  public,  the  office  of  ex- 
aminers of  public  accounts  has  been  created.  The  term 
is  during  the  pleasure  of  the  governor,  and  the  examiner 
is  required  to  examine  the  financial  affairs  of  every  state 
officer,  state  board,  and  state  institution  at  least  once  a 
year.  After  the  examinations  are  made,  he  must  report  to 
the  Board  of  Examiners. 

Fish  and  Game  Warden.  —  The  fish  and  game  warden 
is  appointed  for  a  term  of  four  years.  The  appointee 
must  not  be  a  member  of  any  hunting,  shooting,  or  fishing 
club.  His  office  gives  him  control  and  supervision  over 
the  waters  of  the  state  for  the  collection,  propagation,  cul- 
ture, and  distribution  of  fish  in  the  state.  He  is  to  receive 
and  distribute  all  game,  fish  fry,  and  spawn  fairly  and 
equitably  among  the  several  counties.  The  law  gives  him 
authority  to  capture  any  game  or  fish  in  the  state  for  the 
purpose  of  inspection,  cultivation,  propagation,  or  dis- 
tribution. 

The  commissioner  may  appoint  by  and  with  the  ap- 
proval of  the  governor  one  chief  deputy  warden,  six  chief 
wardens,  one  superintendent  for  each  hatchery,  and  one 
chief  clerk,  and  a  sufficient  number  of  local  deputies  to 
protect  the  fish  and  game.  There  are  now  (191 1)  twenty- 
three  deputies.  The  salaries  are:  chief  deputy,  ;$i20o; 
superintendent  of  each  hatchery,  $1000;  each  of  the  six 
wardens,  $1000;  per  annum  and  actual  traveling  expenses 
not  to  exceed  $600  per  annum.  The  chief  office  clerk  re- 
ceives an  annual  salary  of  $900.  These  expenditures  are 
met  by  a  license  fee,  imposed  on  all  hunters  and  fishers. 


72  CIVIL   GOVERNMENT   OF  UTAH 

It  is  a  criminal  offense  to  fish  or  hunt  without  license. 
The  state  is  divided  into  districts  and  one  chief  warden  is 
placed  in  charge  of  a  district.  Under  each  warden  are 
several  deputies. 

The  duties  of  the  fish  and  game  wardens  and  deputies 
are  to  see  that  all  laws  of  the  state  for  the  protection  of 
fish  and  game  are  faithfully  enforced  in  the  several  coun- 
ties. For  this  purpose  they  are  given  the  power  usually 
exercised  by  constables  and  sheriffs. 

Commissioner  of  Immigration.  —  The  Western  states  are 
anxious  to  secure  settlers  and  in  order  to  secure  the  neces- 
sary statistics  and  to  place  them  properly  before  the  public, 
the  law  has  created  the  office  of  the  commissioner  of  im- 
migration. His  duties  require  him  to  gather  statistics  of 
all  the  natural  resources  of  the  state,  financial,  manufac- 
turing, vital,  social,  and  labor  statistics  of  the  state.  He 
is  also  charged  with  gathering  information  in  respect  to 
violations  of  labor  laws.  He  is  required  to  make  proper 
reports.     The  term  of  office  is  two  years. 

Commissioner  of  Insurance.  —  Insurance  is  no  longer  a 
private  concern.  A  very  large  number  of  people  carry 
insurance,  and  it  becomes  the  state  to  see  that  such  com- 
panies as  go  out  to  solicit  public  patronage  should  be 
financially  reliable.  For  this  purpose  the  state  has  created 
the  office  of  commissioner  of  insurance,  whose  duty  it  is  to 
examine  the  various  insurance  companies  doing  business 
in  the  state  and,  if  found  complying  with  the  requirements 
of  the  law,  to  issue  to  them  a  certificate  for  a  continuance 
of  the  right  to  do  business.  New  companies  must  comply 
with  the  same  requirements.  The  term  of  office  is  two 
years. 

Veterinarian  (State).  —  The  live  stock  industry  of  the 
state  is  one  of  great  and  growing  importance.     The  num- 


STATE   BOARDS  75 

ber  of   live  stock  in   the   state  according  to  the  United 
States  Census  of  1910  is  :  — 

Cattle 4'^i95  ....  value  $8,922,760 

Horses  aftd  mules     ,     .     .     .     117,54^  ....  talue  10,124,833 

Sheep 1,826,477  ....  ralue  8v632,029 

Swine 64,244  ....  value  44540' 

Poultry 673,662  ....  value  3^S*3^ 

As  the  state  grows  in  population  and  wealth  not  only 
will  the  number  of  live  stock  increase,  but  the  quality  will 
greatly  improve.  Diseases  prevail  to  a  considerable  e.xtent 
among  animals.  Many  of  these  diseases  are  contagious 
or  infectious,  and  once  started,  if  not  properly  controlled, 
may  spread  over  the  entire  state.  Diseased  animals  im- 
ported from  other  states,  if  not  properly  quarantined,  will 
transmit  diseases  to  the  local  herds.  Furthermore,  certain 
diseases  may  be  communicated  from  animals  to  human 
beings.  In  order  to  prevent  such  a  loss  the  state  has 
created  the  office  of  state  veterinarian,  whose  duty  it  is  to 
protect  the  health  of  the  domestic  animals  by  investigating 
the  causes  and  cases  of  disease,  and  applying  the  best- 
known  preventative.  He  has  authority  to  establish  quar- 
antine regulations  and,  if  necessary,  to  destroy  diseased 
animals.  It  is  essential  to  the  welfare  of  an  agricultural 
state  that  the  person  appointed  to  the  office  of  state  vet- 
erinarian should  be  well  qualified  for  the  work  and  thor- 
oughly capable,  for  extensive  interests  are  at  stake.  He 
is  appointed  by  the  joint  action  of  the  governor  and  the 
board  of  the  Agricultural  College  of  Utah  for  a  term  of 
two  years. 

State  Boards 

State  Board  of  Accountancy.  —  There  is  a  growing  de- 
mand for  expert  accountants  to  examine  and  audit  public 


74  CIVIL   GOVERNMENT   OF  UTAH 

accounts,  and  likewise  the  books  and  conditions  of  private 
business.  So  that  those  seeking  such  help  may  be  able  to 
select  it  properly,  the  state  has  estabUshed  a  state  board 
of  accountancy,  whose  duty  it  is  to  give  examinations  and 
issue  certificates  to  the  successful  candidates  as  certified 
public  accountants.     Term  of  office  four  years. 

Board  of  Trustees  of  Agricultural  College  of  Utah.  —  The 
Agricultural  College  of  Utah  was  established  to  promote 
industrial  education.  It  is  governed  by  a  board.  The 
Board  of  Trustees  of  the  Agricultural  College  consists  of 
thirteen  members,  who  are  appointed  for  four  years  and 
serve  without  pay.  It  is  the  governing  body  of  the  col- 
lege, and  selects  the  president  of  the  faculty  and,  upon 
his  recommendation,  the  members  of  the  faculty. 

Board  of  Architecture.  —  The  board  of  architecture  con- 
sists of  five  members.  In  order  to  be  eligible  for  appoint- 
ment the  candidates  must  have  practiced  in  the  state  five 
years.  The  duties  of  the  board  are  to  prescribe  rules  gov- 
erning the  practice  of  architecture  and  provide  examina- 
tions for  those  entering  the  profession.  Term  of  office,  six 
years. 

Utah  Art  Board.  —  All  civilized  people  attempt  to  foster 
the  fine  arts  because  it  helps  to  develop  man's  finer  feel- 
ings. The  Utah  Art  Board  consists  of  seven  members 
appointed  for  a  term  of  four  years  to  serve  without  pay. 
Four  of  the  members  must  be  artists.  The  board  is  au- 
thorized to  offer  prizes,  give  lectures  and  exhibitions,  and 
encourage  art  in  every  way  possible.  There  is  usually 
appropriated  $1000  to  defray  expenses. 

Board  of  Barbers.  —  The  Board  of  Barbers  consists  of 
three  quaUfied  barbers  appointed  for  a  term  of  three  years, 
whose  duty  it  is  to  examine  all  barbers  in  the  state  and  to 
issue  certificates  to  those  found  qualified  to  carry  on  the 


STATE   BOARDS  75 

barber  business.  The  aim  from  the  standpoint  of  the 
state  in  providing  such  an  examination  is  to  secure  cleanli- 
ness and  to  prevent  the  spread  of  infectious  diseases. 

Capitol  Commission.  —  The  Capitol  Commission  consists 
of  seven  members:  the  governor,  the  secretary  of  state, 
the  attorney-general,  and  four  members  appointed  by  the 
governor.  Its  duties  are  to  secure  plans  and  to  have  super- 
vision over  the  construction  of  the  capitol  building. 

Conservation  Commission. — The  Conservation  Commis- 
sion consists  of  eight  members,  appointed  by  the  governor. 
The  governor  is  cxofficio  member  and  chairman.  Its 
duties  are  to  conserve  the  natural  resources  of  the  state, 
to  collect  statistics  pertaining  to  these  resources ;  and  to 
cooperate  with  the  National  Conservation  Commission  and 
similar  bodies  from  other  states.  The  term  of  office  is 
four  years. 

Board  of  Correction.  —  The  Board  of  Correction  consists 
of  the  governor  and  two  members  appointed  by  him  for  a 
term  of  four  years.  Both  of  the  appointees  cannot  be- 
long to  the  same  political  party.  This  board  is  charged 
with  the  control  and  management  of  the  state  prison  and, 
in  connection  with  the  warden  of  the  state  prison  and  the 
state  road  commission,  with  the  control  of  prison  labor 
upon  the  public  highways. 

State  Dairy  and  Food  Bureau.  —  In  order  to  formulate 
and  prescribe  rules  governing  the  operation  of  creameries, 
dairies,  slaughter  houses,  confectioneries,  bakeries,  hotels, 
fruit  and  vegetable  canneries,  etc.,  the  legislature  has 
created  a  Dairy  and  Food  Bureau,  consisting  of  the  state 
chemist,  the  dairy  and  food  commissioner,  and  three  mem- 
bers appointed  by  the  governor.  It  has  power  to  prescribe 
such  rules  as  will  provide  for  sanitary  food  supplies.  The 
term  of  office  is  three  years. 


^6  CIVIL  GOVERNMENT  OF  UTAH 

School  for  the  Deaf  and  Blind.  —  Modern  society  has  done 
much  for  those  unfortunates  who  are  defective  in  sight, 
hearing,  or  speech.  The  aim  is  to  prepare  them,  as  far  as 
possible,  to  enjoy  life  and  to  care  for  themselves.  The 
governing  board  of  the  School  for  the  Deaf  and  BHnd  lo- 
cated at  Ogden  consists  of  five  trustees  appointed  for  a 
term  of  six  years. 

Dental  Board.  —  Dentistry  has  become  a  very  important 
science,  and  the  public  should  be  protected  from  unquaH- 
fied  persons  who  attempt  to  practice.  For  this  purpose  it 
is  necessary  that  all  practicing  dentists  should  be  examined 
and  licensed  by  the  State  Dental  Board,  which  consists  of 
five  members  appointed  for  a  term  of  four  years. 

State  Board  of  Education.  —  In  modern  society  the  train- 
ing of  the  mind  has  become  a  distinct  function  of  the  state. 
The  State  Board  of  Education  consists  of  five  members : 
the  state  superintendent  of  pubHc  instruction,  the  president 
of  the  University  of  Utah,  the  president  of  the  Agricultural 
College  of  Utah,  and  two  persons  appointed  for  a  term  of 
four  years.  The  members  serve  without  salary,  except 
their  actual  traveling  expenses.  The  law  gives  the  body 
general  supervision  and  control  of  the  high  and  common 
schools  of  the  state.  It  grants  diplomas  and  certificates  to 
teachers  ;  prepares  questions  for  the  examinations  of  teach- 
ers ;  appoints  examiners ;  and  prepares  courses  of  study 
for  the  common  schools  and  the  high  schools.  Cities  of 
the  first  and  second  class  are  allowed  to  prepare  their  own 
courses  of  study  for  the  common  schools.  Its  chief  con- 
trol over  the  school  system  of  the  state  is  in  determining 
the  qualifications  of  teachers,  and  in  the  preparation  of  a 
course  of  study.  If  boards  of  education  employ  teachers 
not  properly  certificated,  or  high  schools  ignore  the  course 
of  study,  they  lose  their  share  of  the  state  school  fund. 


STATE  BOARDS  77 

It  is  also  made  Library-Gymnasium  Commission  for  the 
state  with  power  to  appoint  a  secretary. 

The  library  movement  has  taken  a  firm  hold  in  almost 
all  of  the  older  states  and  also  in  many  of  the  newer  ones. 
The  purpose  back  of  the  effort  is  to  provide  plenty  of  good, 
wholesome  reading  matter  of  a  vocational  and  cultural 
nature  to  all  the  citizens  of  the  states.  Of  equal  impor- 
tance is  the  gymnasium.  It  aims  to  provide  the  boys  and 
girls  with  plenty  of  good,  wholesome  recreation.  In  this 
state  the  two  movements  were  placed  under  one  head  and 
they  equally  merit  the  hearty,  active  support  of  the  state. 

State  Board  of  Equalization.  —  In  the  state  there  are 
twenty-seven  counties,  each  with  its  own  assessor.  Each 
assessor  has  several  deputies.  With  so  many  persons  fix- 
ing the  value  of  property  for  ta.\  purposes,  it  is  only  to  be 
expected  that  the  valuation  would  not  only  vary  from  in- 
dividual to  individual,  but  from  town  to  town  and  from 
county  to  county.  To  correct  the  inequalities  between  in- 
dividuals and  towns  is  the  duty  of  the  county  commis- 
sioners acting  as  a  board  of  equalization.  But  to  equalize 
the  differences  between  counties,  four  persons  are  appointed 
for  a  term  of  four  years,  not  more  than  two  of  whom  may 
belong  to  the  same  political  party,  to  be  known  as  the 
Board  of  Equalization. 

It  is  the  duty  of  the  Board  of  Equalization  to  prescribe 
rules  and  forms  for  the  assessment  of  property  by  county 
officials,  to  equalize  levies  between  counties,  to  assess  all 
franchises,  railroads,  express  companies,  street  cars,  tele- 
graph, telephone,  electric  light,  pipe  line,  and  power  com- 
panies operating  in  more  than  one  county  in  the  state  and 
apportion  the  assessment  among  the  counties  where  the 
plants  are  located. 

Board  of  Examiners.  —  Each  year  the  state   pays   out 


78  COTL  GOVERNMENT  OF  UTAH 

large  sums  of  money  for  various  public  purposes.  It  is, 
therefore,  proper  that  somebody  should  be  required  to 
pass  upon  the  legality  and  justice  of  each  claim.  So  the 
state  constitution  provides  that  the  governor,  the  secretary 
of  state,  and  the  attorney-general  shall  constitute  a  Board 
of  Examiners.  No  claim  against  the  state  except  for 
salaries  and  other  compensation  fixed  by  law,  can  be  passed 
by  the  legislature  until  it  has  been  considered  and  acted 
upon  by  the  Board  of  Examiners.  If  necessary,  this  body 
can  compel  the  attendance  of  witnesses  and  exercise  other 
extensive  powers.  When  the  legislature  is  not  in  session, 
an  emergency  requiring  additional  funds  may  arise  in  any 
department  or  institution  of  the  state.  Under  such  cir- 
cumstances the  Board  of  Examiners  has  authority  to  allow 
a  department  or  institution  to  create  a  deficit.  It  is  also 
empowered  to  purchase  supplies  for  the  several  offices  and 
for  the  sessions  of  the  legislature. 

State  Fair.  —  To  promote  animal  husbandry,  agriculture, 
horticulture,  mining  and  manufacturing,  the  legislature 
passed  a  law  creating  the  State  Fair  Association.  It  holds 
an  annual  fair  in  Salt  Lake  City.  Its  revenues  are  derived 
partly  from  fees  and  partly  from  state  aid.  The  governing 
board  consists  of  fifteen  directors  appointed  by  the  gov- 
ernor for  a  term  of  four  years. 

The  State  Board  of  Health.  —  The  State  Board  of  Health 
consists  of  seven  members  appointed  for  a  term  of  seven 
years,  one  retiring  each  year.  A  majority  of  the  members 
must  be  physicians  in  good  standing  and  graduates  of  good 
medical  colleges  and  one  a  civil  engineer.  All  members 
serve  without  pay  save  their  traveling  expenses  when  on 
public  business,  except  the  secretary,  who  receives  a 
salary.  The  board  has  general  supervision  of  the  health 
interests  of  the  citizens  of  the  entire  state  with  respect 


STATE   BOARDS  79 

to  a  study  of  vital  statistics,  quarantine  regulations,  and 
sanitary  conditions. 

Horticultural  Commission.  —  The  duties  of  the  Horticul- 
tural Commission  are  to  have  general  supervision  over  the 
orchards  of  the  state  and  to  prescribe  rules  for  the  control 
of  insects  and  diseases  injurious  to  fruit  production.  The 
Commission  comprises  three  members,  one  of  whom  is 
designated  by  the  governor  as  horticultural  inspector. 
Term,  two  years. 

Industrial  School.  —  Some  youths  are  physically  defective, 
but  others  are  sadly  in  need  of  moral  training.  The  state 
feels  that  it  is  easier  to  supply  it  than  to  allow  the  boys 
and  girls  to  grow  up  defective  in  the  essential  elements  of 
good  character.  For  this  purpose  the  Industrial  School 
was  established  at  Ogden.  It  is  governed  and  controlled 
by  a  board  of  seven  trustees,  which  consists  of  the  attorney- 
general,  superintendent  of  public  instruction,  and  five  others 
appointed  for  the  term  of  four  years. 

Board  of  Insanity.  —  The  Board  of  Insanity  consists  of 
the  governor,  state  treasurer,  and  state  auditor.  It  controls 
the  State  Mental  Hospital  or  Insane  Asylum  at  Provo. 
The  members  receive  their  actual  traveling  expenses. 

Board  of  Labor.  —  The  Board  of  Labor  consists  of  three 
persons,  one  an  employer,  one  an  employee  who  is  a  mem- 
ber of  a  labor  organization,  and  one  who  is  neither  an 
employee  nor  an  employer  of  physical  labor,  each  appointed 
for  a  term  of  four  years.  In  all  cases  of  threatened  strikes, 
lockouts,  or  labor  troubles,  it  is  the  duty  of  the  board  to 
attempt  to  conciliate,  mediate,  or  arbitrate  the  difference 
between  the  disputants.  The  members  receive  $4  a  day 
for  each  day  of  actual  service,  to  be  paid  by  the  parties  of 
the  controversy. 

State  Board  of  Land  Commissioners.  —  An  important  body 


8o  CIVIL   GOVERNMENT  OF  UTAH 

upon  which  rests  great  financial  responsibility  is  the  State 
Board  of  Land  Commissioners.  The  enabling  act  by 
Congress  which  permitted  Utah  to  enter  the  Union  granted 
the  new  state  large  concessions  of  land  for  public  purposes. 
The  common  schools  were  given  the  second,  sixteenth, 
thirty-second,  and  thirty-sixth  sections  in  every  township  in 
the  state  except  in  national  parks  and  Indian  Reservations. 
In  case  these  lands  had  been  disposed  of  by  the  govern- 
ment, the  state  was  allowed  to  select  other  lands  in  their 
place.  Thus  6,016,000  acres  were  in  this  way  reserved  for 
the  common  schools.  The  University  of  Utah  was  granted 
110,000;  the  Agriculturar  College,  200,000;  the  Mental 
Hospital,  100,000 ;  the  School  of  Mines,  100,000 ;  the 
School  for  the  Deaf  and  Blind,  200,000;  the  Industrial 
School,  100,000  ;  and  the  Normal  School,  100,000  acres. 

These  lands  were  to  be  sold  and  the  permanent  funds 
derived  therefrom  safely  invested.  .The  respective  institu- 
tions were  to  receive  only  the  income  for  maintenance.  In 
addition  to  the  foregoing  the  state  is  to  receive  five  per 
cent  of  the  net  proceeds  of  the  sales  of  public  lands  by  the 
federal  government  until  all  the  public  lands  are  sold. 
This  is  likewise  to  remain  a  permanent  fund,  the  interest 
of  which  is  to  be  used  for  the  common  schools. 

The  institutions  enjoying  these  benefits  must  forever  re- 
main under  the  exclusive  control  of  the  state  and  be  free 
from  sectarianism. 

For  the  purpose  of  assisting  in  the  erection  of  a  state 
capitol  sixty-four  thousand  acres  were  granted  and  to  erect 
a  miners'  hospital  fifty  thousand  acres.  The  lands  have 
almost  all  been  sold  and  the  proceeds  invested  in  bonds, 
farm  loans,  and  various  other  forms  of  investment. 

The  control  and  sale  of  these  lands  and  the  investment 
of  the  funds  is  the  duty  of  the  State  Board  of  Land  Con>- 


STATE   BOARDS  8 1 

missioners.  The  commission  consists  of  five  members  ap- 
pointed for  a  term  of  two  years  each.  Each  member  is 
paid  the  same  salary  with  the  exception  of  the  secretary, 
who  is  also  a  member  and  receives  more.  His  bond  is 
heavy,  being  $5oo,cxx),  because  he  is  the  custodian  of  the 
large  sums,  as  already  indicated. 

Loan  Commission.  —  The  Loan  Commission  consists  of 
the  governor,  secretary  of  state,  and  the  attorney-general. 
Its  duty  is  to  pay  the  state  bonds  when  funds  are  provided. 
No  salary  is  attached  to  this  office. 

Commission  for  Uniformity  of  Legislation.  —  The  interests 
of  the  states  of  the  Union  are  so  much  alike  that  it  is  de- 
sirable to  have  many  of  the  laws  similarly  drawn.  It  pro- 
motes justice  and  makes  the  enforcement  so  much  easier. 
To  bring  this  about  the  governor  is  authorized  to  appoint 
a  commission  of  three  to  act  with  similar  commissions  from 
other  states.     The  term  is  two  years. 

Board  of  Medical  Examiners.  —  The  profession  of  medi- 
cine, if  practiced  by  persons  who  possess  a  knowledge  of 
the  subject,  and  the  proper  moral  standards,  is  capable  of 
doing  much  good  by  healing  the  sick  and  relieving  the 
suffering.  Unqualified  persons  should  not  be  allowed  to 
treat  any  human  being,  for  they  are  capable  of  doing  great 
injury. 

The  Board  of  Medical  Examiners  consists  of  nine  per- 
sons, licensed,  graduate  practitioners  of  medicine  in  the 
state,  appointed  for  a  terra  of  two  years.  It  is  the  duty  of 
the  board  to  examine  all  candidates  who  desire  to  practice 
medicine  and,  if  they  are  successful,  to  issue  them  a  certifi- 
cate to  practice.  The  board  has  power  to  revoke  certificates 
for  unprofessional  conduct  and  to  take  steps  to  have  a 
court  prohibit  persons  practicing  medicine,  surgery,  or 
pbstetrics  within  the  state  coBtrary  to  law. 


82  CIVIL  GOVERNMENT  OF  UTAH 

Notaries  Public.  —  Notaries  Public  are  appointed  by  the 
governor  for  a  term  of  four  years.  They  have  authority 
during  their  terms  within  the  state  to  acknowledge  deeds 
and  other  documents.  Their  authority  when  exercised 
within  the  state  is  ordinarily  given  official  recognition  in 
other  states. 

Board  of  Optometry.  —  The  Board  of  Optornetry  consists 
of  three  members  appointed  for  a  term  of  two  years.  One 
must  be  a  graduate  physician  and  two  regular  oculists  who 
have  practiced  in  the  state  for  five  years.  The  board  has 
power  to  prescribe  examinations,  grant  certificates  to  those 
properly  qualified,  and  to  revoke  certificates  for  immoral 
or  unprofessional  conduct  or  for  incompetency. 

Board  of  Pardons.  —  Many  men  make  mistakes  and 
commit  crimes,  but  when  detected,  they  begin  to  realize 
their  position  and  want  to  reform  and  do  right.  Often 
they  do  not  wait  until  they  are  out  of  the  state  prison,  but 
become  model  prisoners.  In  such  cases  most  people  feel 
that  it  is  only  fair  to  consider  their  cases  and  if  they  seem 
honest,  to  give  them  another  chance.  For  this  purpose 
the  state  has  estabHshed  a  Board  of  Pardons.  In  most 
states  this  duty  devolves  on  the  governor.  The  governor, 
justices  of  the  supreme  court,  and  the  attorney-general 
constitute  the  Board  of  Pardons,  whose  duty  it  is,  upon 
such  conditions  as  they  deem  proper,  to  remit  fines,  to 
commute  punishments  and  to  grant  paroles  and  pardons 
except  for  treason  and  impeachment.  No  commutation, 
parole,  or  pardon  can  take  place  except  after  a  full  hearing 
before  the  board  in  open  session. 

Board  of  Park  Commissioners.  —  The  Board  of  Park 
Commissioners  consists  of  the  governor  and  two  appointed 
members.  Its  duty  is  to  manage  and  control  any  lands 
owned  or  set  aside  by  the  state  for  park  purposes. 


STATE  BOARDS  83 

State  Board  of  Pharmacy.  —  In  the  preparation  of 
medicine  considerable  training  and  skill  is  necessary. 
Besides,  a  great  responsibility  rests  upon  those  who  com- 
pound powerful  drugs  for  human  consumption.  The  State 
Board  of  Pharmacy  consists  of  five  persons  appointed  for 
a  term  of  five  years.  It  is  so  arranged  that  one  retires 
each  year.  They  must  be  well-qualified  pharmacists. 
The  duty  of  the  board  is  to  e.xamine  and  issue  certificates 
to  trained  pharmacists.  The  salary  is  $$  a  day  for  actual 
services  and  also  expenses. 

State  Road  Commissioii.  —  The  development  of  a  good 
system  of  transportation  has  tremendous  bearing  on  the 
social  development  of  a  community  or  state.  It  opens  up 
the  way  for  the  country  boy  or  girl,  more  easily  to  get  an 
education ;  it  makes  the  church  more  accessible  to  the 
country  dwellers,  and  it  retards  congestion  in  cities ;  and 
it  makes  the  country  a  place  desirable  to  live  in. 

To  encourage  road  building  and  to  oversee  and  provide 
for  the  proper  construction,  the  legislature  has  created  a 
State  Road  Commission,  which  consists  of  the  governor, 
the  state  engineer,  the  state  treasurer,  a  member  of  the 
faculty  of  the  Agricultural  College,  and  a  member  of  the 
faculty  of  the  University  of  Utah.  The  commission  has 
power  to  select  state  roads ;  to  direct  the  expenditure  of  all 
state  appropriations ;  to  furnish  plans  and  specifications  for 
permanent  road  construction ;  and  to  prepare  a  manual  on 
road  building.  In  addition  the  state  has  granted  annually 
considerable  sums  to  assist  each  county  in  road  construction. 

Board  of  Sheep  Commissioners.  —  The  Board  of  Sheep 
Commissioners  consists  of  three  experienced  wool  growers 
appointed  for  a  term  of  four  years  iat  a  salary  of  $500  each. 
Its  duty  relates  to  the  control  and  the  suppression  of  dis- 
eases among  the  sheep  of  the  state.     It  has  power  to  ap- 


84  CIVIL  GOVERNMENT  OF  UTAH 

point  inspectors  to  visit  the  flocks,  and  to  give  proper 
instructions  to  the  flockmasters  of  the  state. 

Board  of  Regents  of  the  University  of  Utah.  —  The  Uni- 
versity was  established  to  promote  higher  learning.  The 
Board  of  Regents  consists  of  twelve  members  appointed 
for  a  term  of  four  years  and  to  serve  without  pay.  It  is 
the  governing  body  of  the  university,  selects  the  president 
of  the  faculty  and,  upon  his  recommendation,  the  members 
of  the  faculty.  The  secretary  of  state  and  the  president  of 
the  faculty  are  ex-officio  members  of  the  board. 

Board  of  Veterinary  Medical  Examiners.  —  The  Board  .of 
Veterinary  Medical  Examiners  consists  of  three  persons. 
The  duties  of  the  board  consist  in  giving  examinations  and 
in  issuing  certificates  to  successful  candidates  to  practice 
veterinary  medicine  in  the  state.  The  members  must  be 
qualified  veterinarians.     Term,  three  years. 

QUESTIONS 

1 .  Should  we  elect  or  appoint  officials  ? 

2.  When  would  you  elect  and  when  appoint  ? 

3.  Should  the  governor  have  the  power  to  remove  a  person  who 
fails  to  perform  his  duty  ? 

4.  Why  is  a  bank  examiner  necessary  ? 

5.  How  can  the  state  chemist  assist  the  dairy  and  food  commis- 
sioner in  his  work  ? 

6.  Why  is  it  more  necessary  to  conserve  the  water  here  than  in 
New  York  ? 

7.  Is  the  fish  and  game  preserved  in  this  state  as  an  industry  or  as 
a  sport  ? 

8.  How  do  diseased  animals  affect  human  health  ? 

9.  Why  is  it  necessary  to  have  a  coal  mine  inspector  ? 

10.  What  should  be  the  qualifications  of  the  state  superintendent 
of  public  instruction  ? 

12.  Should  the  taxes  be  equally  levied  all  over  the  state  ? 

13.  Why  should  doctors  be  required  to  pass  a  rigid  examination  ? 

14.  What  are  the  advantages  of  good  roads  to  farm  boys  and  girls  ? 


CHAPTER  V 

COUNTY   GOVERNMENT 

The  county  is  not,  like  the  state,  an  independent  political 
unit,  but  it  is  merely  a  subdivision  of  the  state  and  subject 
to  its  control.  In  Utah  there  are  twenty-seven  counties. 
The  subdivisions  are  responsible  to  a  large  extent  for  the 
enforcement  of  the  state  laws.  The  state  legislature 
passes  laws  which  apply  to  the  whole  state,  but  the  county 
attorney,  the  sheriff,  and  other  county  officials  are  fre- 
quently charged  with  enforcing  them.  Formerly,  the 
sheriff  was  appointed  by  the  king  or  the  governor  and 
when  he  did  not  enforce  the  laws,  the  king  or  governor 
could  remove  him.  Now,  however,  he  is  elected  by  the 
people  of  the  county  and  is  not  directly  responsible  to  the 
chief  executive  of  the  state.  The  result  is  that  the  legisla- 
ture has  found  it  necessary  to  provide  for  inspectors  to  en- 
force the  state  laws,  i.e.  as  dairy  and  food  inspector,  sheep 
inspector,  and  others.  This  condition  is  not  peculiar  to 
our  state,  but  is  common  to  most  of  the  states  of  the 
Union.  As  already  stated  the  county  officers  serve  in  a 
double  capacity  in  the  enforcement  of  state  laws  and  regu- 
lations, and  as  agents  of  the  people  of  the  county  in  the 
performance  of  such  duties  as  are  required  of  them.  The 
county  commissioners,  to  a  limited  extent,  may  make  rules 
and  regulations  in  the  nature  of  legislation,  for  example, 
rules  governing  the  use  of  roads  and  bridges,  the  control 
of  saloons  in  the  county,  etc.  This,  however,  can  be 
exercised  only  when  specifically  granted  by  the  legislature. 

85 


86  CIVIL   GOVERNMENT   OF   UT.\H 

The  sheriff,  as  a  rule,  h  required  to  enforce  state  laws  and 
also  required  to  carry  out  local  regulations. 

Counties  and  County  Officers.  —  The  number  of  counties  and 
the  different  officers  and  the  authority  of  the  county  officers 
have  been  created  by  the  constitution  and  the  laws  of  the 
state.  The  constitution  fixes  the  boundaries  of  the  several 
counties  and  provides  that,  "  No  territory  shall  be  stricken 
from  any  county  unless  a  majority  of  the  voters  living  on 
such  territory,  as  well  as  the  county  to  which  it  is  to  be  an- 
nexed, shall  vote  therefor,  then  only  on  such  conditions  as 
shall  be  prescribed  by  general  law."  There  are  now 
twenty-seven  counties,  and  there  has  been  no  change  since 
1896. 

The  county  seat  is  the  seat  of  government  of  the  county. 
The  county  courthouse,  jail,  and  other  public  buildings  are 
located  there.  It  is  also  the  place  where  the  public 
officials  transact  the  business  of  the  county.  When  the 
territory  of  Utah  became  a  state,  the  county  seats  had  been 
located,  and  the  constitution  recognized  the  existing  loca- 
tions. It  was  also  provided  that  whenever  a  change  was 
wanted,  a  majority  of  the  qualified,  voters  of  the  county 
could  petition  the  county  commissioners,  who  would  submit 
the  question  to  the  voters  at  the  next  general  election,  and 
if  two  thirds  of  the  voters  decided  in  favor  of  a  new 
county  seat,  a  removal  would  take  place. 

County  officers  are  either  elected  or  appointed.  The  fol- 
lowing officers  are  elected  for  a  term  of  two  or  four  years  : 
county  commissioners,  for  a  term  of  two  or  four  years;  the 
sheriff,  treasurer,  clerk,  auditor,  recorder,  attorney,  asses- 
sor, surveyor,  and  superintendent  of  schools  for  a  term  of 
two  years.  In  consolidated  county  school  districts  the  super- 
intendent is  elected  by  the  county  school  board.  And  in 
a  county  with  an  assessed  valuation  below  $20,000,000, 


COUNTY  GOVERNMENT 


87 


the  clerk  is  ex-officio  county  auditor  and  is  required  to  per- 
form the  duties  of  such  office  without  additional  pay.^ 

The  county  district  health  officers,  the  commissioner  of 
the  poor,  county  fish  and  game  warden,  the  sheep  in- 
spector, tree  inspector,  bee  inspector,  registers  of  births 
and  deaths,  judges  of  election,  precinct  road  supervisors, 
are  all  appointed  by  the  county  commissioners  and  are 
expected  to  work  under  their  direction. 

All  elective  officers  take  office  at  noon  on  the  first  Mon- 
day in  January,  the  appointive  officers  upon  appointment 
by  the  commissioners.  Deputies  in  the  several  offices  may 
be  appointed  at  any  time  when  needed  and  in  such  num- 
bers as  the  work  may  require.  Vacancies  occurring  in 
either  the  elective  or  the  appointive  offices  of  the  county 
are  filled  by  the  commissioners  until  the  next  general 
election.  The  law  requires  the  county  commissioners  to 
fix  the  salary  of  the  officers  to  be  elected  at  least  three 
months  prior  to  the  election  at  which  they  are  to  be  chosen. 
Once  fixed,  they  cannot  be  changed  during  the  term  of 
office.  The  counties  are  classified  according  to  the  as- 
sessed valuations  and  the  maximum  fixed  by  law. 


1  Clam 

%  Clam 

SClam 

4  Clam 

5  CiJkM 

$20,000,000 

or 

over 

to 
$20,000,000 

to 
$15,000,000 

$8,000,000 

to 

$10,000,000 

$7,000,000 
to 

6  Clam 

7  Clam 

SClam 

9  Clam 

10  Clam 

$6,000,000 

to 
$7,000,000 

$5,000,000 

to 
$6,000,000 

$4,000,000 

to 
$5,000,000 

$3,oco,ooo 

to 
$4,000,000 

$2,000,000 

to 
$3,000,000 

88 


CIVIL  GOVERNMENT  OF  UTAH 


11  Class 

12  Class 

13  Class 

14  Class 

15  Class 

$1,300,000 

to 

$2,000,000 

$1,000,000 

to 

$1,300,000 

$6oo,ooa 

to 

$1,000,000 

$300,000- 

to 

$600,000 

$300,000 
or 
less 

The  salaries  of  the  county  officers  may  be  fixed  in  any 
amounts,  but  not  to  exceed  the  following  limits  set  by 
law:  — 


Classes  . 

1 

3 

3 

4 

5 

6 

7 

Commissioner .  . 

$2500 

$700 

$600 

$500 

$500 

$450 

$450 

Sheriff  .... 

3500 

1800 

1500 

1500 

1400 

1300 

1300 

Assessor   .  .  . 

2400 

1800 

1000 

lOOC 

900 

850 

800 

Clerk   .... 

3200 

1800 

1500 

1500 

1400 

1300 

1300 

Recorder  .  .  . 

2650 

1800 

1500 

1500 

1 150 

1 100 

1050 

Treasurer  .  .  . 

3300 

1800 

1500 

1500 

1400 

1300 

1300 

Attorney   .  .  . 

3300 

1800 

1500 

1500 

1 100 

1000 

1000 

Supt.  of  Schools  . 

2000 

1200 

1200 

1000 

I  COO 

1000 

1000 

Surveyor  .  .  . 

2000 

1000 

1000 

500 

400 

400 

350 

Auditor  .... 

2400 

8 

9 

10 

11 

12 

1.3 

14 

15 

Commissione 

r  $  450 

$  300 

$  300 

$  200 

$  200 

$  150 

$100 

$100 

Sheriff   . 

1300 

1250 

1250 

1200 

1200 

800 

750 

400 

Assessor  . 

800 

750 

750 

750 

600 

400 

300 

300 

Clerk  .  . 

1300 

1300 

1000 

1 300 

1000 

800 

750 

500 

Recorder  . 

1000 

1200 

1000 

1200 

900 

750 

550 

400 

Treasurer . . 

1300 

1000 

9000 

800 

600 

500 

400 

250 

Attorney  . 

1000 

800 

800 

800 

7QO 

600 

400 

400 

Supt.  School. 

5   1000 

1000 

1000 

1000 

1000 

1000 

500 

500 

Surveyor  . 

350 

350 

350 

350 

350 

350 

350 

350 

Auditor  . 

COUNTY  GOVERNMENT  89 

Board  of  County  Commissioners.  —  The  members  of  the 
Board  of  County  Commissioners,  three  in  number,  are 
elected  part  for  a  term  of  two  years,  and  part  for  a  term 
of  four  years.  The  terms  of  the  different  members  are 
so  arranged  that  they  do  not  all  expire  at  the  same  time. 
The  object  of  this  arrangement  is  to  prevent  the  members 
all  retiring  at  once,  and  allowing  the  board  to  be  composed 
entirely  of  new  men  who  know  nothing  of  the  county's 
affairs,  for  they  form  a  board  of  management  for  the 
county's  business.  The  salaries  for  these  men  are  fixed 
for  the  term  before  they  enter  office  in  accordance  with 
the  schedule  passed  by  law.  The  board  elects  one  of  its 
members  chairman  and  the  presence  of  two  members  is 
required  to  constitute  a  quorum  to  do  business.  In  case 
of  a  vacancy  occurring  in  the  board  by  death  or  resigna- 
tion, the  place  is  filled  by  election  by  the  other  two  mem- 
bers. If  they  fail  to  act  within  the  thirty  days,  it  becomes 
the  duty  of  the  governor,  upon  notification  by  the  county 
clerk,  to  fill  the  vacancy.  The  law  requires  regular  meet- 
ings to  be  held  and  special  meetings  may  be  called,  upon 
five  days'  notice,  by  the  chairman  or  by  a  majority  of  the 
board.  All  meetings  must  be  public.  A  complete  record 
must  be  kept  which  is,  at  all  times,  open  to  public  inspec- 
tion. In  case  of  a  violation  of  the  law  or  a  failure  to  per- 
form their  duties  upon  the  part  of  the  other  officials  of 
the  county,  the  commissioners  are  to  direct  the  necessary 
prosecutions  for  delinquencies.  At  least  every  six  months 
they  are  required  to  audit  the  accounts  of  all  county  offi- 
cers having  in  charge  the  keeping  or  disbursement  of  pub- 
lic moneys.  Their  duties  include  the  power  to  allow  all 
bills  properly  chargeable  against  the  county  and  to  issue 
licenses  for  the  regulation  of  every  kind  of  business  not 
contrary  to  law,  except  in  incorporated  cities. 


go  CIVIL   GOVERNMENT  OF  UTAH 

They  are  the  guardians  of  the  affairs  of  the  county. 
They  possess  not  only  administrative  authority,  but  legis- 
lative power  within  the  limits  prescribed  by  state  law. 
They  have  authority  governing  elections;  to  establish, 
to  aboHsh,  and  to  change  election  districts;  to  appoint 
inspectors  and  judges  of  elections  ;  to  canvass  returns;  and 
to  order  the  county  clerk  to  issue  certificates  of  election  to 
those  receiving  a  majority  of  the  votes  cast.  Their  work 
of  supervision  extends  to  all  county  and  precinct  officers  to 
see  that  they  faithfully  perform  their  duties  ;  and  to  fix 
the  rate  of  license  tax ;  to  provide  for  the  destruction  of 
injurious  animals  or  weeds;  to  protect  the  game  and  fish; 
to  provide  work  for  prisoners  ;  to  inspect  the  measurement 
and  weight  of  merchandise  ;  to  adopt  rules  and  regulations 
governing  the  storage  of  explosives ;  to  provide  for  the  exam- 
ination of  persons  in  charge  of  stationary  engines  or  steam 
generators,  boilers  or  apparatus ;  to  lay  out,  maintain, 
regulate,  control,  erect,  and  manage  public  roads,  turn- 
pikes, ferries,  and  bridges  within  the  county,  outside  of 
incorporated  cities ;  to  grant  franchises  along  and  over 
public  roads  and  highways  for  all  lawful  purposes  for 
periods  not  to  exceed  fifty  years  ;  to  purchase  property  and 
water  rights  for  county  purposes  ;  to  erect,  repair,  rebuild, 
or  furnish  a  courthouse,  jail,  hospital,  and  all  other  neces- 
sary pubHc  buildings  ;  to  levy  taxes  for  the  support  of  the 
schools,  for  the  care  of  the  poor,  for  the  maintenance  of 
roads,  for  the  payment  of  interest,  and  for  other  general 
county  purposes,  but  only  within  the  limits  set  by  law. 

The  commissioners  act  as  a  board  of  equalization  to 
adjust  and  equaHze  the  assessment  of  property  within  the 
county.  It  may  increase  or  decrease  the  assessed  valuation 
of  any  property  which  it  regards  as  improperly  or  incor- 
rectly assessed.     It  also  has  authority  to  remit  the  taxes  of 


COUNTY   GOVERNMENT  91 

insane,  idiotic,  infirm,  or  indigent  persons  to  an  amount  not 
exceeding  ten  dollars.  These  changes  and  acts  should  be 
made  after  a  very  careful  investigation. 

County  Treasurer.  —  The  county  treasurer  is  elected  by 
the  voters  of  the  county  for  a  term  of  two  years.  His 
salary  is  fixed  by  the  commissioners  according  to  the  class 
of  the  county  and  the  schedule  provided  by  law.  His 
duties  are:  to  receive  all  moneys  belonging  to  the  county 
and  to  keep  safely  the  same  until  ordered  to  pay  them  out ; 
to  keep  an  accurate  account  of  the  receipts  and  disburse- 
ments of  all  funds  received ;  to  pay  all  warrants  when 
properly  presented,  if  there  is  money  in  the  treasury ;  if 
there  is  no  money,  to  register  the  warrants  and  to  pay  them 
in  their  order  with  five  per  cent  interest  when  there  arc 
funds  in  the  treasury  ;  to  make  a  detailed  statement  to  the 
county  commissioners  when  requested  by  them  to  do  so. 
He  is  not  allowed  to  lend  public  money  and  may  be 
suspended  from  office  by  the  Board  of  County  Commis- 
sioners pending  an  action  brought  against  him  for  mis- 
conduct. 

Sheriff.  —  The  sheriff  is  the  peace  oflficer  of  the  county. 
He  is  supposed  to  enforce  the  laws  of  the  state,  something 
he  does  not  always  do.  Hence  the  appointment  of  inspec- 
tors by  the  governor  of  the  state  to  see  that  certain  laws 
are  obeyed.  The  law  requires  him  in  addition  to  the  duties 
already  specified  to  attend  in  person  or  by  deputy  all  ses- 
sions of  the  district  courts ;  to  have  charge  of  the  jail  and 
the  prisoners  in  it ;  to  serve  writs,  summons,  and  orders  of 
court.  In  all  cases  where  the  sheriff  is  prevented  by  rela- 
tionship or  property  rights  from  being  unprejudiced,  the 
work  is  to  be  done  by  a  constable.  His  term  of  office  is 
two  years  and  his  salary,  within  the  schedule,  is  fixed  by 
the  commissioners. 


g2  CIVIE   GOVERNMENT  OF  UTAH 

County  Clerk.  —  The  county  clerk  is  the  bookkeeper  of 
the  county.  He  is  elected  for  two  years.  The  law  makes 
him  ex-officio  clerk  of  the  district  court  and  also  clerk  of 
the  Board  of  County  Commissioners.  His  duties  require 
that  he  keep  an  official  record  of  every  business  transaction 
of  the  county  and  carefully  file  all  papers,  books,  and 
records  which  pertain  to  public  affairs ;  to  issue  all  writs  or 
summons ;  to  record  all  judgments  or  decrees  of  the  courts ; 
to  keep  a  record  of  all  lawsuits;  to  record  in  a  minute 
book  the  daily  acts  of  the  court ;  to  make  record  of  all  fees 
received  ;  to  make  a  record  of  the  names  of  all  candidates 
for  citizenship  ;  to  make  a  list  of  all  witnesses  and  jurors; 
to  administer  oaths;  to  make  a  proper  record  of  probate 
business  and  the  appointment  of  guardians ;  to  keep  the 
names  of  all  notaries  public  in  the  county  ;  to  issue  licenses 
for  marriages  and  deaths  and  to  issue  a  certificate  of  elec- 
tion to  county  officers.  His  salary  is  fixed  by  the  county 
commissioners. 

County  Auditor. '—  The  county  auditor  is  elected  for  a 
term  of  two  years  and  at  a  salary  fixed  by  the  county  com- 
missioners. In  all  counties,  except  counties  possessing 
over  twenty  million  of  property  according  to  the  last 
assessment,  the  county  clerk  is  ex-officio  county  auditor. 
The  duty  of  the  auditor  is  to  examine  all  claims,  bills,  and 
accounts  or  charges  against  the  county  and  to  present  a 
report  on  the  same  to  the  county  commissioners  at  the 
next  regular  meeting ;  to  examine  all  claims  of  the  county 
against  individuals  and  report  on  them  to  the  commis- 
sioners; to  draw  all  warrants  upon  the  county  treasurer 
in  satisfaction  of  the  properly  allowed  claims  against  the 
county;  to  keep  a  set  of  books  showing  the  receipts  and 
disbursements  of  the  county;  to  examine  the  books  and 
accounts  of  all  the  county  officials  each  month;  to  pub- 


COUNTY  GOVERNMENT  93 

lish  a  detailed  statement  annually  of  the  condition  of  the 
county  business.  The  real  object  of  the  office  of  auditor 
is  to  see  that  all  moneys  of  the  county  are  properly  and 
legally  spent  and  he  is  supposed  to  stop  all  illegal  expend- 
itures ;  and  if  the  auditor  does  his  duty  faithfully,  it  would 
be  impossible  for  any  official  to  expend  or  use  the  people's 
money  unlawfully  or  to  overdraw  any  fund.  For  when  the 
moneys  in  any  fund  were  all  expended,  the  auditor  would 
refuse  to  approve  the  claim  for  payment  at  that  time.  The 
special  office  of  the  auditor  is  to  see  that  moneys  are  not 
misappropriated.  If  he  fails  to  attend  to  this,  he  fails  to 
do  his  duty. 

County  Recorder. — The  county  recorder  is  elected  for  a 
term  of  two  years.  The  law  requires  the  recorder  to 
make  a  record  of  all  papers  and  documents  in  books  pro- 
vided for  that  purpose  by  the  county.  The  recorder  must 
properly  record  all  deeds  and  mortgages  upon  land,  plats  of 
town  sites,  and  cemeteries  after  proper  approval,  wills  and 
divisions  of  estates  after  they  have  passed  through  probate. 

When  you  record  any  document,  it  is  taken  as  a  means 
of  serving  notice  upon  all  concerned  that  you  claim  an  in- 
terest in  the  property.  If  a  deed  is  properly  recorded,  it 
is  a  notice  to  every  one  that  you  claim  an  interest  in  the 
land.  If  it  were  not  recorded  and  a  second  deed  was  given, 
you  may  lose  your  title.  Again,  it  is  a  means  of  security. 
If  the  original  papers  are  lost  or  destroyed  before  they  are 
recorded,  it  may  cause  trouble  and  perhaps  a  lawsuit  to 
secure  a  safe  title  again.  Frequently  in  case  of  such  neg- 
lect it  is  impossible  to  secure  a  title  at  any  price.  The 
parties  concerned  may  be  dead.  In  case  a  man  should 
give  two  deeds  to  the  same  piece  of  land,  the  person  who 
filed  his  first  in  the  office  of  the  recorder  would  ordinarily 
be  held  to  be  the  owner  of  the  land. 


94  CIVIL  GOVERNMENT   OF  UTAH 

County  Attorney.  — The  county  attorney  is  elected  for  a 
term  of  two  years  at  a  salary  fixed  by  the  county  commis- 
sioners. The  duties  of  his  office  require  that  he  prosecute 
all  offenders  against  the  laws  of  the  state  within  the 
county,  in  the  justices  courts.  When  the  cases  pass  to 
the  district  court,  they  come  under  the  charge  of  the  dis- 
trict attorney. 

Whenever  persons  commit  crime,  it  becomes  the  duty  of 
the  county  attorney  to  file  complaints  agamst  them  and  to 
appear  before  them  in  the  justices  court  and  see  that  the 
trial  is  properly  carried  on  or  prosecuted.  If  persons 
enter  suits  against  the  county,  it  is  the  county  attorney's 
duty  to  appear  in  court  to  defend  the  county's  interest. 
Laws  are  also  difficult  many  times  to  understand  —  it  is  often 
impossible  for  the  public  officials  to  properly  comprehend 
them.  The  county  attorney  is  to  advise  them  as  to  the  cor- 
rect meaning  of  the  laws  and  their  legal  duties  under  the 
law.  He  is,  however,  under  no  obHgation  to  give  advice  to 
private  citizens  in  regard  to  their  rights  or  private  business. 

County  Surveyor. — The  county  surveyor  is  elected  for  a 
term  of  two  years  and  serves  at  a  salary  set  by  the  county 
commissioners.  His  duties  are  to  make  any  surveys  re- 
quired by  the  Board  of  County  Commissioners  for  public 
purposes.  He  may  also  do  private  work,  but  whether  the 
work  is  public  or  private,  he  must  make  and  keep  a  correct 
record  of  all  the  surveys  made,  and  there  must  be  maps, 
charts,  and  field  notes  kept  on  file  in  the  office  subject  to 
inspection.  Copies  of  any  survey  must  be  furnished  upon 
request  and  the  payment  of  the  proper  fees.  Private  work 
must  be  paid  for  by  the  persons  having  it  done. 

County  Assessor.  —  The  county  assessor  is  elected  for  a 
term  of  two  years  at  a  salary  set  by  the  county  commis- 
sioners.    Every  government  needs  money  to  pay  its  ex- 


COUNTY  GOVERNMENT  95 

penses  and  there  is  only  one  source,  and  that  is  the  people, 
or  rather  the  property.  It  is  the  duty  of  the  assessor  to 
find  all  the  property  he  can  and  properly  value  it.  The 
duty  of  the  county  assessor  is  a  very  important  one.  If 
people  are  allowed  to  report  only  a  part  of  their  property 
and  thereby  evade  taxation,  or  if  one  man's  property  is 
valued  more  highly  than  another's  in  proportion  to  what  he 
possesses,  it  is  manifestly  unjust.  It  is  his  duty  to  see  that 
every  man  is  fully  and  equally  taxed  in  proportion  to  his 
property.  If  this  is  not  done,  each  man  does  not  bear  a 
fair  share  of  the  support  of  the  schools,  the  roads,  and 
other  affairs  of  the  state.  A  good  tax  official  of  honesty, 
ability,  and  integrity  is  of  great  value  to  the  public  and  is 
seldom  appreciated  by  the  public.  To  do  his  duty  well  is 
not  easy. 

County  Superintendent  of  Schools.  —  In  consolidated  dis- 
tricts the  superintendents  are  elected  by  the  County  Board 
of  Education,  but  in  the  other  counties  they  are  elected 
by  the  voters  at  the  general  election.  The  salary  is 
fixed  by  the  county  commissioners  except  in  consolidated 
districts  where  the  Board  of  Education  sets  it.  Their 
duties  will  be  dealt  with  in  the  chapter  on  Public  Educa- 
tion. 

County  Boards  of  Health.  —  Modern  sanitation  has  taught 
us  that  if  the  communities  are  to  be  healthy,  the  cities, 
towns,  and  villages  must  be  kept  clean.  The  time  was 
when  personal  cleanliness  was  considered  sufficient  for 
health  ;  now  we  know  that  it  is  just  as  essential  to  health 
that  school  and  meeting  houses  be  kept  clean  and  have  a 
liberal  supply  of  fresh  air  ;  that  a  pure  supply  of  water  be 
provided  and  that  every  reasonable  means  be  taken  to  pre- 
vent the  spread  of  infectious  diseases.  We  are  our  broth- 
er's keeper.     For  the  purpose  of  overseeing  the  health 


96  CIVIL  GOVERNMENT  OF   UTAH 

conditions,  the  county  commissioners  are  authorized  to 
appoint  a  county  physician  to  care  for  the  indigent  sick, 
and  also  to  divide  the  county  into  districts  and  appoint  for 
each  district  a  health  officer,  who  shall  be,  when  practicable, 
a  graduate  physician  of  a  good  medical  school.  Such  dis- 
trict health  officers  together  with  the  Board  of  County 
Commissioners  constitute  the  County  Board  of  Health. 

Boards  of  health  have  authority  to  order  nuisances 
abated  and  filth  removed.  It  is  the  duty  of  boards  of 
health  to  be  on  the  watch  for  nuisances  which  breed  dis- 
ease and  to  have  them  cleared  away  before  illness  occurs. 
If  a  contagious  or  infectious  disease  does  break  out,  it 
becomes  the  duty  of  the  health  board  to  quarantine  the  in- 
fected persons  and  properly  disinfect  the  premises. 

Upon  the  diHgence  of  the  health  board  and  the  observ- 
ance of  the  rules  laid  down  by  it,  depend,  in  a  large  measure, 
the  health  of  the  community.  Pure  water  and  the  ob- 
servance of  proper  sanitary  regulations  contribute  greatly 
to  good  health  and  to  the  length  of  life  of  the  citizens.  It 
is  the  first  duty  of  every  progressive  citizen  to  see  that  the 
town  has  a  plentiful  supply  of  good,  pure  water  and  that 
all  out  houses  are  kept  in  a  sanitary  condition.  If  this 
were  done,  there  would  be  less  sickness  and  fewer  deaths. 
(Remember  that  water  is  not  necessarily  pure  because  it  is 
clear  or  tastes  good.) 

Poor  Commissioner.  —  In  every  community  of  this  state 
there  are  unfortunately  persons  who  are  too  poor  to 
properly  care  for  themselves.  They  cannot  be  allowed  to 
suffer  for  want  of  shelter,  clothing,  or  food,  and,  therefore, 
must  be  put  in  charge  of  some  private  or  public  charitable 
organization.  Churches  and  private  associations  do  much 
in  this  direction,  but  a  large  burden  falls  on  the  state. 
Many  of  the  counties  spend  thousands  of  dollars  annually, 


COUNTY   GOVERNMENT  97 

and  some  maintain  poorhouses  and  farms.  To  care  for 
the  poor  properly,  where  the  commissioners  see  fit,  they 
may  appoint  a  commissioner  of  the  poor.  He  may  be  one 
of  their  own  number.  His  duties  give  him  charge  of  the 
poor,  the  sick,  and  the  needy,  and  he  must  see  that  they 
are  provided  for  in  case  of  need.  To  do  this  work  prop- 
erly really  requires  special  training.  To  see  that  the 
needy  are  provided  for,  and  that  those  who  would  impose 
upon  the  public  are  put  to  work,  has  become  a  profession 
in  the  centers  of  population,  and  should  soon  be  so  consid- 
ered everywhere.  It  is  just  as  necessary  to  prevent  pau- 
perism as  it  is  to  provide  for  paupers.  It  requires  a  well- 
qualified  person  to  do  the  latter  without  bringing  about 
the  former. 

Road  Commissioner.  —  Good  roads  are  an  essential  to  the 
development  of  any  country.  If  people  produce,  it  is  neces- 
sary to  market.  In  order  to  do  away  with  the  haphazard 
methods  of  the  past,  the  law  of  1909  authorized  the  Board 
of  Commissioners  to  appoint  a  road  commissioner  for  a 
term  of  two  years  and  at  a  salary  to  be  fixed  by  them. 
The  duty  of  the  county  road  commissioner  is  to  take 
charge  of  the  construction,  repair,  and  improvement  of 
roads  as  the  county  funds  will  permit.  He  is  also  to  col- 
lect and  expend  the  annual  poll  tax  of  two  dollars  due 
from  every  male  person  between  the  ages  of  twenty-one 
and  fifty.  Whenever  possible  the  road  commissioner 
should  be  an  engineer,  because  the  law  imposes  upon  him 
the  duty  of  repairing  the  roads,  preparing  plats,  and  di- 
recting construction.  This  is  special  work  and  requires 
special  training  and  never  will  be  properly  done  until  the 
task  is  assigned  to  road  engineers. 

Horticultural  Inspector.  —  In  recent  years  in  this  state 
there  has  been  great  development  along  the  lines  of  com- 


98  CIVIL   GOVERNMENT   OF  UTAH 

mercial  horticulture.  With  the  increase  in  the  growth  of 
fruits  there  have  come  diseases,  and  pests  already  here 
have  spread  rapidly.  So  that  it  has  become  impossible  to 
place  on  the  market  fruit  which  is  salable  unless  the  trees 
and  fruits  are  cared  for  and  diseases  and  pests  properly 
treated.  To  supervise  the  work  and  to  teach  the  orchard- 
ists  how  to  do  the  work,  the  county  commissioners  are 
authorized  to  appoint  a  county  horticultural  inspector, 
whose  term  of  office  is  two  years  and  at  a  salary  not  to 
exceed  $4  per  day  for  the  time  actually  employed.  In 
order  for  a  person  to  hold  this  office,  he  must  have  passed 
an  examination  and  hold  a  certificate  from  the  state  horti- 
cultural commission,  showing  that  he  is  capable  of  doing 
the  work. 

Up  to  this  time  (191 1)  the  laws  of  the  state  have  not 
been  strict  enough  for  the  best  interests  of  the  fruit  grow- 
ers. If  the  fruit  growers  of  the  state,  small  and  large, 
would  submit  to  strict  supervision  over  diseases  and  pests, 
it  would  increase  the  value  of  the  fruit  production  of  the 
state  greatly,  and  also  increase  the  crop. 

Bee  Inspection.  —  Bees,  like  human  beings,  are  subject 
to  diseases,  many  of  which  destroy  entire  hives  or  decrease 
the  honey-producing  qualities.  For  this  reason  they 
must  be  inspected  and  treated.  Upon  the  petition  of  five 
actual  beekeepers  the  Board  of  County  Commissioners 
must  appoint  a  competent  person  as  bee  inspector  and  fix 
his  compensation.  He  shall  hold  office  during  the  pleas- 
ure of  the  board.  It  is  his  duty  to  inspect  all  hives  of 
bees  in  the  county  at  least  once  a  year  and  to  take  charge 
of  all  diseased  bees  and,  if  necessary,  destroy  them.  The 
primary  purpose  of  the  inspection  is  to  keep  the  hives 
free  from  foul  broods,  etc.,  to  which  they  are  subject  if 
not  properly  cared  for. 


COUNTY   GOVERNMENT  99 


QUESTIONS 


1 .  Why  is  the  county  form  of  goverament  necessary  ? 

2.  How  many  counties  are  there  in  the  state  ? 

3.  What  is  the  duty  of  the  sheriff  ? 

4.  Which  town  is  your  county  seat  ? 

5.  How  are  counties  classified  ? 

6.  How  do  the  commissioners  care  for  the  poor  ? 

7.  How  should  help  be  administered  to  the  poor  ? 

8.  How  should  the  taxes  be  levied  ? 

9.  What  should  be  the  qualification  and  pay  of  a  county  superin- 
tendent ? 

10.  How  long  should  he  retain  his  office  ? 

1 1 .  What  is  the  need  of  the  County  Board  of  Health  ? 


CHAPTER   VI 
LOCAL  GOVERNMENT 

The  local  government  is  that  part  of  the  civil  authority 
which  deals  with  the  local  civil  affairs  that  immediately 
concern  us.  It  regulates  and  controls  the  roads  and  streets 
and  things  which  come  up  to  our  very  doors.  The  officers 
execute  local  and  state  laws.  It  is  the  political  machinery 
which  is  supposed  to  care  for  the  peculiar  local  wants,  the 
need  of  which  the  inhabitants  are  most  competent  to  judge. 
The  Anglo-Saxons  have  always  been  peculiarly  interested 
in  retaining  the  control  of  local  affairs  in  the  hands  of 
officers  elected  by  the  members  of  the  community.  If, 
however,  this  idea  is  carried  to  the  extreme,  each  town  or 
village  would  become  a  sovereign  state  and  the  larger  in- 
terests and  units  of  government  would  suffer.  There  are 
many  things  which  can  be  done  better  by  local  officers, 
than  state  officers.  Likewise  there  are  conditions  which  can 
be  controlled  better  by  state  officers.  The  best  arrange- 
ment is  where  the  field  of  government  is  properly  divided 
and  each  division  is  assigned  the  management  of  affairs 
which  is  coextensive  with  its  field ;  i.e.  the  federal  govern- 
ment to  enact  laws  pertaining  to  matters  which  concern 
the  whole  nation,  the  state  to  make  laws  for  the  affairs 
peculiar  to  its  interests,  and  the  county,  the  city,  and  the 
district  each  to  concern  itself  with  its  own  local  affairs. 

Precinct  Government.  —  The  Board  of  County  Commis- 
sioners are  authorized  to  divide  the  county  into  precincts, 
or  local  government  units.     Cities  of  the  first  and  second 


LOCAL  GOVERNMENT  lOI 

class  are  not  divided.  They  each  constitute  one  precinct 
and  elect  a  justice  of  the  peace  and  constable.  For  dis- 
tricts outside  of  towns  and  cities,  precinct  government  is 
the  only  form  of  local  government  provided.  ;  '-' 

The  Justice  of  the  Peace  is  the  judicial  officer  of  the 
precinct.  He  is  elected  for  a  term  of, two  years,  •.•llh? 
duty  requires  that  he  hold  court  for  his  precinct  and  try 
all  cases  or  lawsuits  on  contracts,  personal  injuries, 
penalties,  forfeiture  of  bonds,  recovery  of  possessions  of 
personal  property,  foreclosure  or  liens,  where  the  amount 
in  dispute  does  not  exceed  ^300  and  in  criminal  cases  of 
petit  larceny  (the  stealing  of  $50  or  less),  assault  of 
battery,  breach  of  the  peace,  etc.,  where  the  fine  does  not 
exceed  ^300  or  the  imprisonment  in  the  city  or  county  jail 
does  not  exceed  six  months  or  by  both  fine  and  imprison- 
ment.    He  is  paid  by  fees  fixed  by  law. 

Constable.  —  The  constable  is  the  police  or  peace  officer 
of  the  precinct.  He  must  be  an  elector  of  the  precinct  and 
is  elected  by  the  voters  of  the  district  for  a  term  of  two 
years  and  at  a  salary  made  up  of  fees  fixed  by  law  for  each 
official  act.  The  law  requires  that  he  attend  the  sessions 
of  the  court  of  the  justice  of  the  peace,  whenever  so  re- 
quired, serve  papers,  post  notices,  and  perform  such  other 
duties  as  are  required  by  law.  In  addition  he  is  the  pound- 
keeper  of  the  precinct  and  has  in  his  charge  all  stray 
animals  when  brought  to  him  for  trespassing  on  the  prop- 
erty of  other  persons. 

Road  Supervisor.  —  The  County  Board  of  Commissioners 
has  authority  to  divide  the  county  into  road  districts 
(these  usually  have  the  same  boundaries  as  the  precincts) 
and  to  appoint  for  each  district  a  road  supervisor,  who  shall 
have  charge  of  the  roads  of  his  district  under  the  Board 
of  County  Commissioners  and   the   county  road  commis- 


I02  CIVIL   GOVERNMENT  OF  UTAH 

sioner.  They  are  usually  paid  by  the  day  when  in  service. 
Upon  the  selection  of  a  good  road  supervisor  depends, 
in  a  large  measure,  the  care  and  condition  of  the  roads  of 
the  precinct,  aad  the  careful  expenditure  of  considerable  of 
the  money  of  the  taxpayers. 

Registrars  of  hixths  and  Deaths.  —  The  State  Board  of 
Health  provides  for  the  registration  throughout  the  state  of 
all  births  and  deaths.  The  secretary  of  the  board  has 
charge  of  the  work  for  the  entire  state.  Each  city  of  the 
first  and  second  class  and  each  precinct  constitutes  one  dis- 
trict. For  each  district,  cities  of  first  and  second  class  not 
included,  the  Board  of  County  Commissioners  is  required  to 
appoint  a  registrar  of  births  and  deaths.  The  law  requires 
that  parents  must  register  the  births  of  all  their  children 
with  the  precinct  registrar,  giving  sex,  color,  date  of  birth, 
and  names  of  parents,  etc.,  and,  in  case  of  death,  medical 
certificate,  etc.  Such  information  may  be  very  valuable  in 
years  to  come  in  the  distribution  of  estates  or  the  study  of 
diseases.  Where  many  persons  die  of  a  certain  disease 
pecuUar  to  a  certain  section,  the  fact  will  be  brought  out 
and  the  attempt  to  provide  a  remedy  made.  It  is  not  per- 
missible to  bury  a  dead  person  without  a  certificate  from 
the  registrar  of  births  and  deaths. 

Township  and  Town.  —  In  many  of  the  states  the  local 
civil  division  is  known  as  the  township.  In  New  England, 
Michigan,  Utah,  and  some  other  states  the  local  civil  divi- 
sion is  known  as  a  town.  Township  is  also  used  to  desig- 
nate a  system  of  measuring  land.  This  double  meaning  of 
the  word  often  leads  to  confusion.  Perhaps  it  would  be 
appropriate  here  to  explain  the  use  of  the  word  township 
as  applied  to  measuring  land.  When  the  government  of 
the  United  States  began  to  dispose  of  its  lands  to  settlers 
in  Utah,  two  main  lines  were  run  at  right  angles  to  each 


LOCAL   GOVERNMENT 


103 


B 


Other,  one  running  north  and  south  in  line  with  Main  Street 
of  Salt  Lake  City,  and  known  as  the  Salt  Lake,  or  general 
meridian,  the  other  running  east  and  west  through  Salt 
Lake  City,  and  known  as  the  base  line. 

From  the  point  where  these  lines  cross  the  state  is 
surveyed  into  squares  six  miles  on  each  side.  Such  a 
square  is  known  as  a 
township.  The  rows 
of  townships  running 
north  and  south  are 
known  as  ranges,  and 
each  range  is  spoken 
of  as  range  one,  two, 
three,  etc.,  east  or  west 
from  the  meridian. 
The  townships  are 
also  designated  by 
their  number  north  or 
south  of  the  base  line. 
By  these  two  designa- 
tions they  can  be  defi- 
nitely located.  Each  square  or  township  is  again  divided 
into  thirty-six  divisions  known  as  sections  and  containing 
six  hundred  and  forty  acres.  Each  section  is  again 
divided  into  quarter  sections  of  one  hundred  and  sixty 
acres.  The  quarter  section  may  still  further  be  divided 
into  forties.  This  is  the  system  worked  out  by  Thomas 
Jefferson  for  describing  the  public  lands.  It  has  been  used 
ever  since  his  day  throughout  the  United  States  for  meas- 
uring and  describing  lands  sold  by  the  government  to 
settlers  or  from  one  private  person  to  another. 

The  above  diagram  shows  the  plan  suggested  by  Thomas 
Jefferson  for  measuring  the  lands  of  the  United  States. 


4 

Y 

X 

z 

<< 

3 

0 

2 

BAS 

2 

LI 

HI 

4 

3 

2 

•< 

1 

2 

3 

4 

z 

2 

Z 

Ol 

3 

W 

4 

1.  — PUBUC  Land  Chart 


I04 


CIVIL    GOVERNMENT    OF  UTAH 


AB  is  the  principal  meridian ;  CD  is  the  base  line.  The 
figures  on  the  base  line  mark  the  range  lines  and  those 
on  the  meridian  mark  the  township  lines.  V  is  township 
4  north  and  4  east ;    W  is  township  4  south  and  3  west. 

If  we  now  enlarge  a  township,  we  have  diagram  2.  A 
township  is  divided  into  36  sections  numbered  as  above. 
A  section  contains  640  acres  and  a  quarter  section   160 

acres.  As  the  meridian  lines 
run  to  the  north  they  come 
nearer  together  and  must 
be  corrected.  At  the  north 
pole  they  would  all  meet,  so 
corrections  are  made  about 
every  twenty-four  miles. 

Town.  —  The  civil  town  is 
a  body  of  citizens  upon  which 
the  people  of  the  state  has 
by  law  conferred  certain  cor- 
porate rights :  to  elect  offi- 
cers, to  sue  and  to  be  sued, 
and  to  act  in  many  other  ways,  just  as  a  person  in  his  own 
affairs.  Only  in  this  case  it  is  for  the  benefit  of  the  town. 
Of  course  the  officials  of  the  town  cannot  do  any  more  than 
the  authority  conferred  upon  them  by  the  constitution  and 
laws  of  the  state  will  permit.  Sufficient  power,  however, 
rests  with  the  people  of  the  town  for  all  practical  purposes 
if  the  people  will  be  awake  and  exercise  it  for  their  benefit. 
A  settlement  with  a  population  of  three  hundred  or  more 
may  incorporate  by  petitioning  the  county  commissioners 
and  describing  the  boundaries  of  the  proposed  town.  Upon 
the  granting  of  the  petition  by  the  Board  of  County  Com- 
missioners that  body  must  appoint  a  town  board  of  trustees 
to  consist  of  the  president  and  four  others,  who  shall  serve 


6 

5 

4 

3 

2 

1 

7 

a 
8 

9 

10 

II 

12 

18 

17 

16 

15 

14 

13 

19 

20 

21 

22 

23 

24 

30 

29 

28 

27 

26 

25 

31 

32 

33 

34 

35 

36 

2,  — Township,  showing  Sections 


LOCAL   GOVERNMENT  105 

until  their  successors  are  elected  at  the  next  town  election. 
When  elected,  the  members  of  the  town  board  serve  for 
two  years.  A  majority  of  the  members  of  the  board  con- 
stitute a  quorum  to  do  business.  As  a  body  they  may  buy 
or  sell  real  estate  for  the  town ;  make  the  necessary  health 
regulations ;  purchase  and  hold  cemeteries ;  regulate  or 
prohibit  the  running  at  large  of  live  stock;  license,  tax, 
and  regulate  saloons  (when  allowed  by  the  people  at  an 
election),  pool  and  billiard  rooms,  hotels,  and  all  forms  of 
business  and  all  kinds  of  professions.  Shows,  theaters, 
circuses,  amusements,  etc.,  come  under  its  control,  as  well 
as  vagrancy,  prostitution,  drunkenness,  fighting,  gambling, 
and  petit  larceny.  It  is  also  the  duty  of  the  board  to  lay 
out  and  improve  the  streets,  water  systems,  abate  nuisances 
and  perform  numerous  other  acts  for  the  best  moral  and 
physical  interests  of  the  community  and  not  contrary  to 
laws  of  the  state. 

In  order  that  the  town  board  may  carry  on  these  various 
activities,  it  is  authorized  to  assess  a  tax  of  one  fourth  of 
one  per  cent  on  the  assessed  valuation  of  the  property  of 
the  town  unless  two  thirds  of  the  voters  at  a  special  elec- 
tion signify  their  desire  for  a  higher  levy.  Then  an  amount 
not  to  exceed  one  half  of  one  per  cent  may  be  levied. 

City  Government.  —  In  Utah  a  small  population  may 
organize  itself  under  a  town  or  a  city  government.  As 
conditions  change  a  town  may  take  on  the  city  form  of 
government.  Generally  a  small  population  organizes  un- 
der the  town  form  of  government,  but  it  may,  if  it  prefers, 
organize  as  a  city  at  once.  The  law  allows  of  such  pro- 
cedure. As  the  population  of  the  different  sections  of  the 
state  is  constantly  increasing,  provisions  are  made  for  a 
county,  a  district,  or  a  town,  to  become  a  city  when  it  se- 
cures the  requisite  population. 


I06  CIVIL   GOVERNMENT   OF   UTAH 

When  a  district  or  a  county,  not  already  under  a  city 
government,  desires  to  be  organized  into  a  city,  the  citizens 
may  petition  the  Board  of  County  Commissioners  to  be 
made  into  a  city.  The  petition  must  be  in  writing  and 
signed  by  not  less  than  one  hundred  taxpayers  and  quali- 
fied voters.  The  petition  itself  must  describe  the  territory 
to  be  embraced  within  the  proposed  city  and  be  accompa- 
nied by  a  map  and  the  proposed  name.  As  soon  as  the 
commissioners  receive  the  petition,  they  must  designate  the 
class  of  the  proposed  city,  and  also  fix  the  time  and 
place  of  holding  the  election  to  determine  whether  the 
people  want  to  become  a  city.  Before  the  election  is  held, 
the  commissioners  must  give  notice  in  some  newspaper 
published  in  the  town,  if  there  is  one,  for  four  successive 
weeks.  If  there  is  no  paper  published  in  the  town,  then 
notices  must  be  posted  in  five  places.  The  announcement 
must  describe  the  territory  it  is  proposed  to  include  in  the 
city.  Candidates  are  also  voted  for  at  the  same  election 
to  fill  the  ofiftces.  If  the  election  shows  that  a  majority  of 
the  voters  favor  a  city,  then  the  county  clerk  must  file  a 
copy  of  all  papers  relating  to  the  proceeding  in  the  oflftce 
of  secretary  of  state,  whose  duty  it  then  becomes  to  issue 
a  proclamation  establishing  the  new  city.  Different  states 
have  different  classifications,  e.g.  in  Massachusetts  every- 
thing below  a  population  of  10,000  is  a  town.  In  Utah, 
however,  the  following  classification  holds:  cities  having 
30,000  or  more  inhabitants  are  classified  as  cities  of  the 
first  class ;  cities  having  more  than  5000  and  less  than 
30,000  inhabitants  are  cities  of  the  second  class;  and  all 
cities  below  5000  inhabitants,  cities  of  the  third  class. 
When  the  mayor  or  the  president  of  the  Board  of  Trustees 
certifies  to  the  governor  of  the  state  that  a  city  has  the 
necessary  population  to  place  it  in  the  class  above,  the 


LOCAL    GOVERNMENT  107 

governor  issues  a  proclamation  placing  it  in  its  proper 
class.  From  the  time  that  the  proclamation  is  issued  the 
town  is  governed  by  the  laws  intended  for  cities  of  such 
class.  When  the  change,  however,  is  made,  the  officers 
then  holding  office  continue  to  exercise  their  duties  until 
the  next  municipal  election,  when  the  proper  officers  are 
elected. 

In  many  respects  the  city  government  corresponds  to 
the  state  government,  only  in  a  smaller  way.  Formerly,  it 
had  its  three  distinct  departments  :  executive,  mayor;  legis- 
lative, city  council;  and  judiciary,  police  justice.  Now, 
however,  by  the  commission  form  of  government  for  cities 
of  the  first  and  second  class,  established  by  the  law  of 
191 1  for  the  government  of  cities  in  Utah,  the  executive 
and  legislative  departments  are  combined.  Cities  of  the 
first  class  are  governed  by  a  Board  of  Commission,  consist- 
ing of  the  mayor  and  four  commissioners;  and  cities  of 
the  second  class  by  a  mayor  and  two  commissioners ;  and 
cities  of  the  third  class  by  a  mayor  and  five  councilmen.  In 
cities  of  the  first  and  second  class  the  mayor  and  commis- 
sioners act  together  as  one  body,  exercising  both  the  legis- 
lative and  the  executive  authority.  The  mayor  represents 
the  city  in  all  duties  and  privileges  which  that  office  now 
enjoys  and  also  is  the  presiding  officer  of  the  board,  which 
is  about  the  only  authority  he  possesses  not  exercised  by 
the  other  members  of  the  commission.  In  cities  of  the 
third  class  the  mayor  is  an  executive  officer  only.  Accord- 
ing to  the  former  system,  the  mayor  possessed  the  right  of 
veto  and  many  other  privileges.  The  new  law  provides : 
"  The  Board  of  Commissioners  of  cities  of  the  first  and 
second  class  shall  discharge,  exercise,  and  have  all  duties, 
powers,  and  privileges  that  are  now  or  may  be  hereafter 
vested  jointly  or  severally  in  the  mayor  and  city  council  of 


Io8  CIVIL    GOVERNMENT   OF   UTAH 

the  first  and  second  class  and  shall  have  all  the  rights, 
duties,  powers,  and  privileges,  as  may  hereafter  be  pro- 
vided by  law  for  boards  of  commissioners  of  cities  of  the 
first  and  second  class."  In  cities  of  the  third  class  the 
mayor  presides,  but  does  not  have  a  vote,  except  in  case  of 
tie.  All  resolutions  adopted  or  contracts  approved  by  the 
council  in  cities  of  the  third  class  involving  the  expendi- 
ture of  money  and  every  ordinance  passed  by  the  council 
must  bear  his  approval.  If  he  fails  to  approve  it,  he  must 
report  to  the  council,  when  it  may  be  passed  over  his  veto 
by  a  majority  of  two  thirds  of  the  members  voting  in  the 
affirmative.  In  case  of  a  temporary  or  permanent  vacancy 
occurring  in  the  office  of  mayor,  the  city  council  elects  a 
qualified  person  to  fill  the  office  until  the  return  of  the 
mayor  or  until  the  next  municipal  election.  The  forego- 
ing applies  to  cities  of  the  third  class  only.  In  cities  of 
the  first  and  second  class,  when  a  vacancy  occurs  in  the 
commission,  it  is  filled  by  the  election  of  a  qualified  person 
by  the  members  of  the  commission.  In  case  of  a  deadlock 
in  the  election  of  a  new  member,  the  auditor  is  authorized 
to  vote  so  as  to  secure  an  election. 

In  all  the  cities  all  ward  divisions  are  abolished  and  the 
city  votes  as  a  unit  for  five  councilmen  or  for  three  or  five 
commissioners.  The  purpose  of  this  method  of  voting  is 
to  secure,  if  possible,  men  who  are  interested  in  the  whole 
rather  than  certain  sections  of  the  city. 

In  cities  of  the  third  class  the  council  is  the  legislative 
department  of  the  city,  but  in  cities  of  the  first  and  second 
class  this  authority  is  now  transferred  to  the  Board  of  Com- 
missioners. A  city  council  in  cities  of  the  third  class  is 
divided  into  committees  by  its  own  regulations,  and  the 
members  are  assigned  to  the  several  committees  by  the 
presiding  officer ;  but  in  the  case  of  the  Board  of  Commis- 


LOCAL  GOVERNMENT  109 

sioners  the  several  departments  are  established  by  law  and 
immediately  upon  organization  one  member  must  be  as- 
signed to  have  charge  of  one  or  more  departments. 

These  departments  are:  Public  Affairs  and  Finance; 
Water  Supply  and  Water  Works ;  Public  Safety ;  Streets 
and  Public  Improvements;  Parks  and  Public  Improve- 
ments. One  member  may  be  assigned  to  not  more  than 
two  departments.  In  cities  of  the  first  class  the  law  pro- 
vides that  each  department  will  be  under  the  charge  of  a 
member ;  but  in  cities  of  the  second  class,  where  there  are 
only  three  commissioners,  it  will  be  necessary  to  place  two 
departments  under  one  head. 

This  Board  of  Commissioners  is  to  be  a  board  of  direc- 
tors to  manage  the  affairs  of  the  city.  They  are  required  to 
meet  at  least  four  times  a  week  and  transact  the  business 
of  the  city,  including  the  passage  of  the  necessary  city 
ordinances  and  of  the  appointment  of  the  required  city 
officers  and  employees.  It  requires  a  majority  of  the 
members  to  constitute  a  quorum  to  do  business  when  legally 
passed.  An  ordinance  or  law  goes  into  effect  when 
deposited  with  the  city  recorder  and  published  at  least 
once  in  some  paper  published  within  the  city ;  if  there  is 
no  paper  published  within  the  city,  then  by  posting  in  three 
public  places  in  the  city. 

The  laws  of  the  state  have  given  the  city  councils  and 
city  commissioners  power  to  deal  with  the  following  subjects 
within  the  city  limits :  to  control  the  finances  and  property 
of  the  city ;  to  levy  and  to  collect  taxes  ;  to  determine  the 
terms  upon  which  licenses  may  be  issued ;  to  erect  municipal 
buildings  ;  to  borrow  money ;  to  issue  bonds  when  approved 
by  a  vote  of  the  people ;  to  lay  out,  manage,  and  improve 
streets  and  sidewalks ;  to  purchase  and  establish  water- 
works and  gas  and  electric  light  plants  and  street  cars  ;  to 


no  CIVIL   GOVERNMENT  OF  UTAH 

protect  the  water  supply  of  the  city  for  a  distance  of  ten 
miles  above  the  intake  by  proper  supervision  and  police 
regulation ;  to  make  regulations  for  trains  passing  through 
the  city  and  to  require  the  railroads  to  establish  the  neces- 
sary crossings;  to  regulate  or  prohibit  the  manufacture 
or  sale  of  intoxicating  liquors  or  beverages  and,  in  case  the 
town,  after  an  election,  sees  fit  to  license  the  business  of 
liquor  selHng,  to  fix  the  conditions  under  which  it  may  be 
sold  and  the  amount  to  be  paid  for  the  permit  to  sell  the 
same.  However,  in  the  case  of  the  sale  of  liquor  the  state 
law  determines  nearly  every  regulation.  To  pass  ordinances 
covering  a  large  number  of  minor  crimes,  such  as  drunken- 
ness, disturbance  of  the  peace,  vagrancy,  nuisances,  etc., 
and  also  providing  for  the  trial  and  punishment  of  the 
same ;  to  provide  for  the  storage  and  sale  of  explosives 
and  the  inspection  of  elevators  and  steam  boilers  ;  to  estab- 
lish a  fire  department  and  the  necessary  fire  regulations 
for  the  city,  including  the  construction  and  inspection  of 
buildings  for  the  prevention  of  fires;  to  make  rules  govern- 
ing the  sale  of  milk  and  vegetables,  and  the  slaughtering  of 
animals  for  food,  providing  for  proper  sanitary  conditions. 
City  Auditor.  —  In  addition  to  the  election  of  three  or 
five  commissioners  for  cities  of  the  first  and  second  class, 
each  city  elects  an  auditor.  The  purpose  of  electing  an 
auditor  directly  by  the  people  is  that  he  will  be  independ- 
ent of  the  commissioners  and  can  refuse  to  allow  the  payment 
of  any  claim  which  is  not  both  legal  and  just.  If  he  were 
elected  by  the  commissioners,  he  would  be  subject  to  their 
wishes  or  could  be  removed.  Elected  as  he  is,  directly  by 
the  people,  he  is  independent  and  can  refuse  to  allow  im- 
proper expenditures.  Many  people  assume  that  an  auditor 
is  merely  a  bookkeeper.  This  is  not  true.  It  is  his  duty 
to  see  that  the  funds  of  the  city  are  lawfully  expended. 


LOCAL  GOVERNMENT  HI 

Direct  Primaries.  —  Up  to  the  year  191 1  candidates  for 
city  offices  were  nominated  by  the  old  method  of  mass 
primary  and  city  convention.  A  primary  was  called  in 
every  voting  district,  and  it  selected  delegates  to  the  city 
convention.  Ordinarily  few  attended  the  primary,  and 
they  were  interested  politicians.  This  gave  them  control 
of  the  primary  and  later  the  convention.  The  result  was, 
as  a  rule,  the  nomination  of  politicians  and  their  friends. 
To  do  away  with  this  method,  a  law  was  passed  in  the 
legislative  session  of  191 1  providing  for  the  establish- 
ment of  the  direct  primary  in  cities  of  the  first  and  second 
class. 

The  direct  primary  is  an  election  which  precedes  the 
regular  election.  At  the  direct  primary  election  the  people 
may  vote  for  any  person  or  persons  they  see  fit.  In  order 
for  the  candidates  to  get  their  names  upon  the  official 
primary  election  ballots,  it  is  necessary  to  file  a  petition, 
signed  by  one  hundred  qualified  voters,  asking  that  the 
names  be  placed  upon  the  ballot,  but  the  voters  are  not 
bound  to  vote  for  the  names  on  the  ticket,  but  may  write  in 
any  names  they  please. 

The  primary  election  is  held  two  weeks  preceding  the 
regular  election  with  the  same  judges  presiding.  Every 
registered  voter  is  entitled  to  go  to  the  polls  and  to  indicate 
his  choice  of  persons  for  the  various  offices.  When  the 
election  is  over,  the  votes  are  counted  by  the  judges  and 
canvassed  by  the  clerk.  The  two  persons  having  the 
highest  number  of  votes  for  each  office  are  placed  upon  the 
official  ballot  to  be  voted  at  the  general  election,  which  is 
to  follow  immediately. 

Neither  at  the  primary  election  nor  in  the  general  elec- 
tion, which  is  to  follow,  are  any  party  emblems  of  any 
kind  used.     Formerly,  the  parties   used   a  picture  of  an 


112  CIVIL  GOVERNMENT  OF  UTAH 

eagle,  a  rooster,  etc.,  as  a  party  emblem,  and  many  voted 
their  party  ticket  straight.  The  aim  now  is  just  as  far  as 
possible  to  make  the  election  nonpartisan.  The  only  per- 
sons voted  for  at  either  of  the  elections  are  candidates  for 
the  offices  of  commissioner  and  candidates  for  the  office  of 
city  auditor,  as  before  indicated ;  all  other  officers,  such  as 
city  recorder,  are  appointed.  The  old  way  was  to  vote  for 
a  multitude  of  persons  for  various  offices.  These  persons 
are  now  to  be  appointed  by  the  commissioners. 

City  Recorder.  —  The  city  recorder  is  appointed  by  the 
commissioners  for  a  term  of  two  years  and  at  a  salary  fixed 
by  that  body,  and  in  cities  of  the  third  class  the  recorder  is 
elected  at  a  salary  fixed  by  the  council.  The  recorder  is 
really  the  secretary  and  bookkeeper  of  the  city.  He  is 
required  to  keep  an  office  at  such  place  as  the  city  com- 
mission or  council  may  direct ;  to  make  a  record  of  all 
meetings ;  to  sign  all  contracts  ;  to  audit  all  accounts  and 
to  keep  the  commission  or  council  properly  and  fully 
informed  as  to  the  finances  of  the  city. 

City  Treasurer.  —  It  is  the  duty  of  the  city  treasurer  to 
receive  and  keep  all  the  funds  of  the  city  and  to  pay  them 
out  only  upon  lawful  warrants  which  have  been  properly 
issued  to  pay  appropriations  made  by  the  council  or  com- 
mission. The  treasurer  has  charge  of  the  public  funds  and 
for  this  reason  should  always  be  an  honest  and  capable 
man.  In  the  case  of  the  treasurer  the  law  of  the  state 
should  provide  that  the  funds  must  be  deposited  with  a 
reliable  bank  paying  the  highest  rate  of  interest  for  deposits 
and  furnishing  the  necessary  guarantees.  In  many  states 
the  public  funds  are  placed  in  reliable  banks  at  interest, 
and  in  this  way  the  state,  counties,  and  cities  are  gainers 
every  year  to  the  extent  of  a  large  sum.  In  cities  of  the 
first  and  second  class  the  treasurer  is  elected  by  the  com- 


LOCAL  GOVERNMENT  1 13 

mission,  and  cities  of  the  third  class  by  the  people,  at  a 
salary  fixed  by  the  commission  or  the  council. 

Marshal  and  Police. — The  chief  of  police  in  cities  of  the 
first  and  second  class  is  appointed  by  the  commission  for  a 
term  of  two  years  unless  sooner  removed ;  in  cities  of  the 
third  class  by  the  mayor,  upon  the  approval  of  a  majority 
of  the  council.  He  has  charge  of  the  police  or  peace 
work  of  the  city.  It  is  his  duty  to  prevent  crime,  suppress 
disturbances,  breaches  of  the  peace,  and  faithfully  enforce 
all  laws  of  the  state  and  ordinances  of  the  city.  Where 
possible,  the  police  officer  should  prevent  crime  against 
property  rather  than  to  allow  the  crime  to  be  committed 
and  then  arrest  the  offenders. 

The  chief  of  police  or  his  subordinates  are  required  to 
serve  every  kind  of  writ  issued  by  a  city  justice  or  justice  of 
the  peace.  Whenever  persons  have  committed  crimes,  it 
is  the  duty  of  the  marshal  or  chief  of  police  to  arrest  them. 
As  already  indicated,  it  would  be  impossible  in  many  cities 
of  the  state  for  the  marshal  to  do  all  the  work  ;  so  the  coun- 
cil or  commission  can  create  a  police  department,  provide 
the  necessary  officers  and  define  their  terms  and  duties  under 
the  direction  of  the  chief  of  police.  The  commission  may 
remove  any  officer  at  any  time  and  likewise,  in  cities  of  the 
third  class,  the  mayor,  with  the  approval  of  the  council. 

A  good,  efficient  police  department  is  of  great  advantage 
in  any  city.  It  is  the  safeguard  against  the  criminal 
element,  which  plays  an  important  part  in  any  large  city. 
It  takes  well-trained  men  to  prevent  crime  and  to  capture 
criminals.  As  a  consequence,  it  is  now  the  rule  in  cities 
that  police  officers  shall  not  be  dismissed  for  politics,  but 
only  for  inefficiency.  This  is  an  excellent  plan  and  should 
obtain  in  Utah,  as  well  as  in  many  other  parts  of  the  United 
States  and  in  European  countries. 


114  CIVIL    GOVERNMENT   OF  UTAH 

Fire  Department.  —  In  most  of  the  larger  cities  of  the 
state  a  fire  department  is  organized  along  the  same  lines  as 
the  police  department.  The  head  officer  is  called  the  chief 
of  the  fire  department  and  the  other  officers  are  called  fire- 
men. The  fire  department  is  an  expense  to  the  city,  but  as 
a  rule  it  earns  the  money  spent  many  times  over  in  the 
prevention  of  fire  and  the  putting  out  of  fires.  It  also 
tends  to  keep  the  insurance  rates  very  much  lower  than 
they  would  be  if  there  were  no  fire  department. 

City  Engineer.  —  Sanitary  and  civil  engineers  have  become 
a  necessity  for  every  modern  town  or  city.  In  Utah  in 
cities  of  the  first  and  second  class  the  office  of  city  engi- 
neer is  created.  The  city  engineer  is  appointed  for  a  term 
of  two  years  by  the  commission,  at  a  salary  previously 
fixed.  The  service  of  an  engineer  is  necessary  when  streets 
or  sidewalks  are  to  be  paved  or  a  water  or  a  sewer  system 
to  be  installed  or  bridges  to  be  built.  He  makes  the  re- 
quired surveys  for  the  sewers  and  water  mains,  establishes 
the  correct  grades  for  the  streets  and  sidewalks,  and  sees 
that  the  work  is  properly  done ;  and  prepares  the  plans 
and  oversees  the  construction  of  bridges.  In  order  to  pre- 
vent the  wasteful  expenditure  of  money,  it  is  very  essential 
that  such  important  and  expensive  improvements  be  prop- 
erly cared  for  by  a  competent  person. 

Water  Works  Department.  —  In  every  modern  town  and 
city  a  plentiful  supply  of  pure  water  is  one  of  the  necessi- 
ties. The  larger  cities  of  the  world  expend  millions  to 
get  sufficient  water  to  supply  the  inhabitants.  Many  of 
the  towns  and  cities  of  Utah  have  been  very  slow  in  secur- 
ing an  adequate  supply  of  pure  water,  until  now  it  will  cost 
heavily  to  buy  the  water  and  also  provide  means  of  convey- 
ing it  to  the  town.  In  order  to  care  for  the  water,  to  see 
that  it  is  kept  in  the  mains  and  properly  distributed,  the 


LOCAL  GOV-ERNMENT  1 15 

mayor  and  city  council,  in  cities  of  the  third  class,  and  the 
Board  of  Commissioners,  in  cities  of  the  first  and  second 
class,  are  authorized  to  appoint  a  superintendent  of  water 
works. 

Department  of  Sewers  and  Sanitation.  —  Of  next  impor- 
tance to  a  good  supply  of  pure  water  is  an  efficient  sewer 
system.  Where  cities  have  provided  a  supply  of  pure 
water  and  a  good  system  of  sewerage,  typhoid  fever  has 
decreased  considerably.  Where  the  sewer  system  is  of 
sufficient  importance,  the  city  or  town  government  is  au- 
thorized to  create  a  department  of  sewers  and  sanitation 
and  to  create  the  necessary  officers  to  take  charge. 

Health  Department  —  In  modern  life  where  people 
associate  closely  together  in  almost  every  activity,  it  is  easy 
for  many  diseases  to  be  transmitted  from  one  person  to 
another  and  in  that  way  spread  all  over  the  entire  com- 
munity, causing  a  great  deal  of  sickness  and  many  deaths. 
To  prevent  such  a  condition  the  law  provides  for  the  crea- 
tion of  a  city  or  town  board  of  health  to  consist  of  three  or 
five  persons,  one  of  whom  when  practicable  shall  be  a 
physician,  a  graduate  of  a  regularly  chartered  medical  col- 
lege, who  shall  be  the  executive  officer  of  the  board  and  be 
known  as  the  health  officer.  The  Board  of  Health  has 
power  to  supervise  all  matters  pertaining  to  the  sanitary 
conditions  and  authority  to  order  all  nuisances  or  the  cause 
of  any  disease  removed. 

The  members  of  the  boards  of  health  are  expected  to 
use  diligence  to  discover  the  presence  of  any  contagious 
or  infectious  diseases.  Where  cases  of  infectious  or  con- 
tagious diseases  are  found,  it  is  the  duty  of  the  Board  of 
Health  to  isolate  them  and,  when  the  persons  recover,  to 
disinfect  the  premises.  Many  people  little  realize  how 
much  suffering,  and  in  many  cases  death,  they  cause  by  a 


Il6  CIVIL   GOVERNMENT  OF  UTAH 

failure  to  report  cases  of  infectious  and  contagious  diseases 
to  the  health  officer  and,  as  far  as  possible,  to  observe 
proper  rules  and  regulations  for  the  prevention  of  the 
spread  of  diseases. 

Separation  from  Cities.  —  Whenever  a  majority  of  the  real 
property  owners  of  any  territory  lying  within  the  borders  of 
any  city  desire  to  be  separated  from  the  city  and  petition 
the  district  court  in  which  the  city  is  located,  at  the  same 
time  filing  a  map  of  the  section  with  the  clerk  of  the  court, 
the  court  shall  order  proper  notice  to  be  given  and  fix  a 
date  for  a  hearing  of  the  case.  If,  after  a  full  and  complete 
hearing,  the  court  feels  that  justice  and  equity  require  that 
such  territory  or  any  part  of  it  should  be  separated  from 
the  city,  then  it  shall  order  separation  to  be  made  and  ap- 
point three  commissioners  to  adjust  the  terms  upon  which 
the  part  shall  be  severed.  The  report  of  the  commissioners 
will  be  made  a  part  of  the  decree  of  the  court. 

QUESTIONS 

1 .  Why  do  we  need  a  local  government  ? 

2.  What  is  the  meaning  of  the  word  township  in  Utah? 

3.  How  are  the  cities  in  Utah  classified? 

4.  In  which  class  does  your  city  belong? 

5.  What  is  meant  by  the  commission  form  of  city  government? 

6.  What  are  supposed  to  be  its  merits  ? 

7.  Should  the  fire  or  the  police  department  be  subject  to  politics  ? 

8.  Why  should  the  city  engineer  be  a  well-qualified  person? 

9.  How  is  the  health  of  the  people  in  a  large  measure  dependent 
upon  the  efficiency  of  the  Board  of  Health? 

10.    How  does  the  supply  of  pure  water  for  a  town  or  city  affect  the 
health  of  the  people  ? 


CHAPTER  VII 

EDUCATION 

From  the  earliest  settlement  of  Utah  the  people  have 
been  interested  in  education.  In  the  beginning,  however, 
education  was  mainly  a  private  concern,  carried  on  by 
some  person  for  very  small  wages,  but  primarily  to  give 
the  boys  and  girls  of  the  frontiers  the  rudiments  of  an 
education.  As  early  as  October,  1847,  Miss  Mary  Dilworth 
opened  a  school  for  children  inside  of  the  "Old  Fort" 
in  a  tent,  and  logs  were  used  as  seats.  Several  similar 
schools  sprang  up  in  different  parts  of  the  state  as  neces- 
sity demanded.  The  territorial  legislature  as  early  as  1850 
provided  for  the  establishment  of  the  University  of  Deseret 
(now  Utah)  and  made  an  appropriation  of  ^5CXX)  a  year 
for  twenty  years  for  its  maintenance.  The  first  work  was 
the  creation  of  a  parents*  school  and  a  course  for  the 
preparation  of  teachers.  An  empty  territorial  treasury 
made  it  impossible  for  the  university  to  continue  and  from 
then  on  until  1867  it  possessed  only  a  nominal  existence. 
The  Board  of  Regents,  however,  were  regularly  appointed 
and  held  general  supervisory  power  over  the  schools  of 
the  territory.  At  a  meeting  of  the  Board  of  Regents  of 
the  university  held  in  1853  it  was  decided  to  introduce  a 
new  alphabet  and  a  new  system  of  phonetic  spelling.  Parley 
P.  Pratt,  Heber  C.  Kimball,  and  George  D.  Watt  were  ap- 
pointed a  committee  to  prepare  the  new  system.  It  was 
duly  prepared  with  thirty-six  characters  and  new  letters 
and  known  as  the  Deseret  alphabet. 

"7 


Il8  CIVIL   GOVERNMENT  OF   UTAH 

As  originally  established  the  university  was  given  a 
broad  foundation  for  work,  including  languages  (ancient 
and  modern)  arts,  sciences  (theoretical  and  applied),  philos- 
ophy, mathematics,  etc. 

Some  years  later  the  legislature  authorized  the  Board  of 
County  Commissioners  to  divide  the  county  into  school 
districts  and  also  provided  for  the  election  of  trustees  for 
each  district.  In  the  same  act  provision  was  made  for  the 
lev}'ing  of  a  tax  of  two  and  one  half  mills  on  the  property 
of  the  district.  If  two  thirds  of  the  taxpayers  of  a  district 
at  a  special  election,  called  for  that  purpose,  expressed 
themselves  favorable,  the  levy  could  be  raised  to  three 
mills.  The  power  here  granted  to  the  districts  was  used 
in  only  a  few  instances. 

In  the  fall  of  1867  an  educational  institute  was  estab- 
lished by  the  Board  of  Regents  of  the  University  of 
Deseret  and  conducted  mainly  as  a  commercial  academy. 
In  1868  classical,  scientific,  and  normal  departments  were 
added.  As  a  matter  of  fact,  however,  the  work  done  was 
rather  of  a  high  school  nature  than  of  college  grada. 
Students  of  both  sexes  were  admitted,  and  in  1871  there 
were  546  in  attendance,  but  in  1884  only  288.  The  de- 
cline was  due  to  the  lack  of  preparatory  schools. 

The  laws  for  the  maintenance  of  the  public  schools  were 
changed.  The  local  tax  had  been  used  only  occasionally. 
From  time  to  time  the  legislature  had  appropriated  small 
sums  ranging  from  $50<X)  to  $25,000  for  part  support  of 
the  public  schools,  to  be  distributed  among  the  various  dis- 
tricts according  to  school  population  and  attendance.  In 
1878  the  old  law  was  repealed  and  a  new  one  enacted  pro- 
viding for  a  territorial  levy  of  three  mills  on  the  taxable 
property  of  the  territory  for  the  maintenance  of  the 
common  schools. 


EDUCATION  119 

Previous  to  the  enactment  of  this  law  and  for  years 
after,  the  main  support  of  the  public  schools  of  the  ter- 
ritory was  by  a  tuition  charge  made  upon  the  attending 
pupils.  The  term  charge  was  from  $2.50  to  $8  per 
pupil.  The  amount  expended  upon  the  schools  in  1878 
was  $218,515.10;  of  this  amount  $66,555.30  came  from 
the  tax  levy  of  three  mills  and  the  balance  from  tuition. 
Just  to  show  the  advance,  it  may  be  well  to  state  that  the 
amount  spent  in  1910  for  the  maintenance  of  schools  was 
$3,182,874.29. 

In  1 878- 1 880  the  legislature  appropriated  $20,000  for 
the  support  of  the  university,  and  the  city  of  Salt  Lake 
gave  it  the  finest  square  in  the  municipality.  In  1882  the 
university  maintained  an  academic,  a  normal,  and  a  pre- 
paratory department.  High  school  work  was  the  great 
demand  of  the  territory,  and  the  school  attempted  to  sup- 
ply that  need.     It  established  a  branch  in  Provo  in  1870. 

In  1889  a  law  was  enacted  establishing  the  Agricultural 
College  at  Logan.  At  that  time  few,  if  any,  comprehended 
its  aim  or  destiny.  No  one  seemed  to  regard  it  of  any 
special  importance.  Little  the  promoters  themselves  real- 
ized that  it  was  to  become  one  of  the  chief  educational 
factors  in  the  state  and  one  of  the  leading  institutions  of 
its  kind  in  the  Western  states. 

In  1890  the  legislature  of  the  territory  enacted  a  law 
creating  a  system  of  free  education  for  all  the  children  of 
Utah.  It  provided  for  the  continuance  of  the  territorial 
tax  levy  for  school  purposes  and  added  a  county  and  dis- 
trict levy.     Tuition  charges  were  forbidden. 

One  of  the  defects  of  the  law  was  that  it  did  not  provide 
for  state  aid  to  high  schools.  This  omission  was  due  in 
part  to  the  fact  that  most  of  the  high  school  work,  except 
in  the  large  cities,  was  done  in  state  or  church  high  schools. 


I20  CIVIL   GOVERNMENT  OF  UTAH 

With  the  development  of  high  schools  throughout  the  state, 
the  state  constitution  was  amended  in  1910,  granting  state 
aid  to  high  schools. 

During  recent  years  the  University  of  Utah  and  the 
Agricultural  College  of  Utah  have  made  rapid  advance- 
ment. The  appropriations  for  each  have  been  materially 
increased.  The  character  of  the  work  in  these  schools 
has  advanced  to  a  much  higher  plane,  so  that  each  in  their 
respective  spheres  compares  very  favorably  with  work  of 
similar  institutions  in  the  Western  states.  By  a  law  passed 
by  the  legislature  in  the  session  of  191 1,  each  institution 
was  granted  for  maintenance  a  definite  part  of  the  revenue 
of  the  state. 

While  it  may  seem  to  many  of  us  that  the  early  grants 
to  education  in  the  territory  were  small,  by  comparison 
with  other  territories,  they  were  equally  as  large,  if  not 
larger,  and  that  out  of  the  poverty  of  early  settlement  the 
people  of  this  commonwealth  were  always  liberal  in  the 
support  of  education. 

The  state  constitution,  Art.  X,  Sec.  2,  provides  that 
the  school  system  shall  consist  of  the  kindergarten  schools ; 
common  schools,  consisting  of  primary  and  grammar  grades ; 
high  schools,  and  agricultural  college;  a  university  and 
such  other  schools  as  the  legislature  may  establish.  This 
provision  of  the  constitution  confirmed  the  existing  condi- 
tion pertaining  to  the  grade  schools  which  had  been  estab- 
Ushed  by  the  law  of  1890.  The  schools  are  dependent 
upon  the  state  for  maintenance.  Art.  XIII,  Sec.  7,  of  the 
state  constitution  provides  for  a  general  levy  of  eight  mills, 
three  mills  of  which  are  to  be  set  aside  by  the  legislature 
for  the  support  of  the  kindergarten,  primary  and  grammar 
grades  schools  and  one  half  mill  for  high  schools.  The 
University  of  Utah  secures  its  support  from  interest  upon 


EDUCATION  121 

invested  funds  under  the  control  of  the  Board  of  Land 
Commissioners  and  allowances  made  by  the  legislature 
from  general  state  incomes  derived  from  the  four  and  one 
half  mill  tax.  The  Agricultural  College  secures  its  support 
from  interest  upon  invested  funds  under  the  control  of  the 
Board  of  Land  Commissioners,  federal  appropriations  and 
allowances  made  by  the  legislature  from  the  general  state 
income  derived  from  the  four  and  one  half  mill  tax. 

All  the  state  schools  are  free  except  that  the  university 
makes  an  entrance  charge  of  ten  dollars  and  the  Agricul- 
tural College,  five  dollars.  In  the  constitution,  as  originally 
drawn,  the  high  schools,  the  people's  colleges,  were  not 
provided  with  state  support.  This  condition  was  remedied 
by  the  constitutional  amendment  adopted  November,  19  lo, 
setting  aside  one  half  of  one  mill  for  the  maintenance  of 
high  schools  from  state  income. 

The  general  control  and  supervision  of  the  public  schools 
system  is  under  the  state  board  of  education.  This  board 
consists  of  the  superintendent  of  public  instruction,  chair- 
man, the  president  of  the  University  of  Utah,  the  president 
of  the  Agricultural  College  of  Utah,  and  two  persons 
appointed  by  the  governor,  with  the  consent  of  the  Senate, 
to  serve  for  a  term  of  four  years.  To  this  body  is  delegated 
the  general  supervision  of  the  public  school  system  of  the 
state,  not  including  the  university  and  the  Agricultural 
College.  It  has  power  to  grant  diplomas  and  to  issue  cer- 
tificates to  persons  qualified  to  teach  in  the  public  school 
system.  It  can  also  revoke  diplomas  and  certificates  for 
cause.  At  the  head  of  this  body  is  the  superintendent  of 
public  instruction,  who  is  elected  by  the  people  for  a  term 
of  four  years. 

Of  all  state  offices,  except  that  of  governor,  the  office 
of  superintendent  of   public   instruction  is   the  most  im- 


122  CIVIL   GOVERNMENT  OF  UTAH 

portant.  The  labor  of  creating  and  building  up  an  efficient 
school  system  is  dependent,  in  a  large  measure,  upon  his 
energy  and  inteUigence.  As  he  is  the  head  of  the  system, 
his  ideals  and  aims  will  be  apt  to  predominate  in  the  state 
school  system. 

High  Schools.  —  From  the  sparse  settlement  of  many  of 
the  counties  of  the  state  it  is  impossible  to  establish  an  in- 
elastic and  uniform  system  of  high  schools.  The  larger 
cities  desire  to  maintain  high  schools  of  their  own,  indepen- 
dent of  the  remainder  of  the  county  in  which  they  are  situ- 
ated. Some  counties  are  too  large  to  constitute  one  high 
school  district  and  must  necessarily  be  divided  into  two  or 
more ;  others  desire  to  be  a  high  school  unit.  In  order  to 
provide  for  all  of  these  contingencies,  the  legislature  at  the 
session  of  191 1  enacted  the  high  school  law  which  pro- 
vided for  the  distribution  of  the  state  high  school  fund  and 
for  the  creation  and  organization  of  the  high  school  districts. 

Distribution  of  Funds.  —  The  state  constitution  and  laws 
provide  for  the  collection  annually  of  one  half  of  one  mill 
on  all  the  taxable  property  of  the  state  for  high  school 
purposes.  These  funds  are  to  be  apportioned  among  the 
high  schools  of  the  state  that  conform  to  the  conditions 
and  standards  imposed  by  the  State  Board  of  Education, 
according  to  the  number  of  students  in  attendance  for 
twenty  weeks  during  the  year.  In  order  to  determine 
whether  the  high  schools  are  maintaining  the  necessary 
standards,  the  State  Board  of  Education  is  authorized  to 
appoint  a  state  high  school  inspector. 

Each  county  within  the  state  is  constituted  a  high  school 
district,  except  cities  of  the  first  and  second  class  and  con- 
solidated county  districts.  These  are  left  subject  to  the 
jurisdiction  of  the  boards  of  education. 

In  all  counties,   except  the   consolidated   districts   and 


EDUCATION  123 

cities  of  the  first  and  second  class,  the  county  superintend- 
ent of  schools  is  required  to  report  to  the  county  commis- 
sioners as  to  the  desirability  of  retaining  the  county  in  one 
unit  or  dividing  it.  Upon  the  receipt  of  this  report  the 
county  commissioners  are  required  to  give  notice  by  means 
of  the  newspaper  or  by  other  means  of  a  public  hearing. 
If  objections  to  the  proposed  unit  are  filed,  they  are  to  be 
duly  considered  and  the  commissioners  shall  then  act 
according  to  their  best  judgment.  The  common  school 
districts  shall  not  be  subdivided  for  high  school  purposes. 

When  once  the  high  school  districts  are  established,  they 
are  to  be  under  the  control  of  a  Board  of  Education,  which  is 
to  be  composed  of  the  county  superintendent  of  schools  and 
a  member  of  the  board  of  trustees  of  each  common  school 
district  within  the  high  school  district,  who  shall  be  elected 
by  the  board  of  trustees  of  such  common  school  district. 

As  soon  as  this  board  is  properly  organized,  it  shall  call 
an  election  of  the  qualified  voters  to  determine  whether 
they  desire  to  maintain  a  high  school  or  schools  within  the 
district  and  at  what  place  or  places  shall  it  be  located.  If 
the  majority  is  in  favor  of  the  maintenance  of  a  high 
school,  the  board  is  then  authorized  to  levy  a  tax  in  an 
amount  not  to  exceed  five  mills  on  all  the  property  of 
the  high  school  district.  In  addition  to  the  foregoing  the 
board  is  authorized  to  employ  teachers;  to  manage  the 
high  schools;  to  buy  and  sell  property  for  school  pur- 
poses ;  and  to  call  elections  for  the  purpose  of  securing  an 
expression  of  the  citizens  in  respect  to  issuing  bonds  for 
high  school  purposes. 

County  Superintendent.  —  In  all  counties  where  the  con- 
solidated county  district  does  not  prevail  a  county  super- 
intendent of  schools  is  elected  for  a  term  of  two  years. 
He  is  the  immediate  supervisor   of   the   schools   of   the 


124  CIVIL   GOVERNMENT  OF  UTAH 

county.  Upon  him  rests  in  general  the  duty  of  visiting 
the  schools  and  the  reporting  of  the  progress  of  the  work 
to  the  trustees  of  the  several  school  districts.  He  is  also 
required  to  report  the  number  of  children  of  school  age  in 
the  county  to  the  state  superintendent  and,  when  the  state 
superintendent  makes  a  division  of  the  school  funds  to  the 
several  counties  of  the  state,  it  is  his  duty  to  divide  them 
among  the  school  districts  of  the  county  according  to  the 
school  population. 

Trustees.  —  All  school  districts,  except  cities  of  the  first 
and  second  class  and  consolidated  counties,  elect  a  board  of 
three  trustees  for  a  term  of  three  years,  one  retiring  each 
year.  These  officials  are  placed  under  bond  by  the  county 
clerk.  They  are  required  to  organize  within  twenty  days 
after  election  by  appointing  one  of  their  members  chair- 
man, and  one  secretary  and  one  treasurer.  As  soon  as  the 
organization  is  completed,  the  board  is  required  to  notify  the 
county  superintendent. 

The  school  trustees  have  general  charge,  direction,  and 
management  of  the  schools  of  the  district.  They  care  for 
the  property  belonging  to  the  district,  employ  the  necessary 
teachers,  supervise  the  erection  of  school  buildings,  expend 
the  school  funds,  purchase  textbooks,  cause  a  census  an- 
nually to  be  taken  and  levy  the  local  taxes  necessary  for 
the  maintenance  of  the  schools  provided  that  the  levy  can- 
not exceed  ten  mills. 

The  care,  keeping,  and  welfare  of  the  schools  in  dis- 
tricts outside  of  cities  of  the  first  and  second  class  and 
consolidated  county  districts  is  in  the  hands  of  these  men, 
many  of  whom  give  liberally  of  their  time  and  ability  to 
build  up  the  schools. 

In  cities  of  the  first  and  second  class  and  consolidated 
county  districts  a  slightly  different  system  prevails.     The 


EDUCATION  125 

city  or  the  county  (the  county  may  be  made  into  two  or 
more  consolidated  districts)  constitutes  one  school  district. 
Each  city  or  county  is  divided  into  five  municipal  wards. 
In  cities  of  the  first  class  each  municipal  ward  elects  two 
members  of  the  board,  making  a  total  membership  of  ten. 
Their  term  of  office  is  four  years,  half  retiring  biennially. 
In  the  consolidated  county  districts,  and  in  cities  of  the 
second  class  the  districts  are  divided  into  five  wards,  and 
each  ward  elects  one  member  of  the  school  board  for  a  term 
of  four  years.  In  the  case  of  the  county  district  the  term 
of  three  members  expires  at  the  end  of  two  years  to  begin 
with  and  two  at  the  end  of  four  years.  This  is  in 
the  beginning;  thereafter  they  serve  four  years,  the 
purpose  being  to  keep  some  experienced  members  always 
on  the  board.  In  cities  of  the  second  class  the  terms  of  all 
the  members  expire  at  the  same  time. 

In  cities  and  consolidated  county  districts  the  manage- 
ment of  the  school  is  entirely  under  the  control  of  the  board. 
Up  to  a  certain  extent  it  levies  the  taxes,  elects  the  super- 
intendent, expends  the  school  moneys,  and,  upon  the 
recommendation  of  the  superintendent,  engages  the  teach- 
ers. It  is  by  far  the  best  system  as  yet  devised.  The 
board  usually  selects  the  superintendent  for  his  ability  as  a 
schoolman,  and  he  becomes  an  active  force  in  the  direction 
of  the  school  affairs.  Furthermore,  the  board  soon  dis- 
covers that  the  services  of  a  good  officer  are  essential  to  the 
successful  management  of  the  schools  and  retains  him  for 
an  indefinite  period.  Where  a  mistake  is  made  and  an  in- 
competent man  elected,  the  board  is  in  a  position  to,  and 
should,  ask  for  his  resignation  without  waiting  for  the  ex- 
piration of  his  term.  The  welfare  of  hundreds  of  children 
is  dependent  upon  his  ability  to  conduct  the  schools. 

The  political  institutions  here  described  have   general 


126  CIVIL  GOVERNMENT  OF  UTAH 

supervision  over  common  and  high  schools  of  the  state. 
The  School  for  the  Deaf  and  BHnd  at  Ogden,  the  Indus- 
trial School  at  Ogden  and  institutions  of  higher  learning, 
such  as  the  Agricultural  College  of  Utah  at  Logan  and 
the  University  of  Utah  at  Salt  Lake  City  are  all  under  the 
control  of  boards,  the  members  of  which  are  appointed  by 
the  governor  or  are  ex-officio  members. 

Agricultural  College.  —  The  Agricultural  College  of  Utah 
is  controlled  by  a  Board  of  Trustees  consisting  of  thirteen 
members,  twelve  of  whom  are  appointed  by  the  governor 
for  a  term  of  four  years,  and  the  secretary  of  state.  The 
terms  are  so  arranged  that  not  more  than  six  retire  at 
one  time.  These  trustees  elect  a  president,  secretary,  and 
treasurer  and  appoint  the  president  of  the  faculty,  com- 
monly known  as  the  president  of  the  college,  and,  upon 
his  recommendation,  the  members  of  the  faculty  and 
other  employees  of  the  school.  The  revenues  of  the  col- 
lege are  received  from  interest  from  funds  derived  from 
the  sale  of  lands  granted  to  the  state  by  the  federal  gov- 
ernment at  the  time  of  statehood.  These  funds  are  under 
the  control  of  the  Board  of  Land  Commissioners.  In  ad- 
dition the  federal  government  makes  an  annual  appro- 
priation of  $75,000  for  station  and  college  work.  In  191 1 
the  state  legislature  passed  a  law  setting  aside  twenty-eight 
per  cent  of  the  state's  revenues  for  the  maintenance  of  the 
University  of  Utah  and  the  Agricultural  College  and  the 
Branch  Normal  School  at  Cedar  ;  28.34  per  cent  of  the  28 
per  cent  go  to  the  college. 

University  of  Utah. — The  University  of  Utah  is  con- 
trolled by  a  Board  of  Regents  consisting  of  twelve  mem- 
bers and  the  secretary  of  state ;  their  term  of  office  is  four 
years.  The  appointments  are  so  made  by  the  governor 
that  not  more  than  six  can  retire  at  one  time.     The  re- 


EDUCATION  127 

gents  elect  a  president,  secretary,  and  treasurer,  and  also 
the  president  of  the  faculty,  commonly  known  as  the  presi- 
dent of  the  university,  and,  upon  his  recommendation,  the 
members  of  the  faculty  and  other  employees.  The  insti- 
tution is  supported  by  interest  received  from  funds  derived 
from  the  sale  by  the  state  of  lands  granted  to  the  school 
by  the  federal  government.  The  funds,  as  well  as  those 
of  the  Agricultural  College,  are  under  the  control  of  the 
Board  of  Land  Commissioners.  In  addition  to  this  the 
university  receives  about  6443  per  cent  of  28  per  cent  of 
the  revenues  of  the  state  for  maintenance. 

The  fields  of  higher  education  and  the  investigation  of 
scientific  problems  pertain  to  the  work  of  the  university 
and  the  college.  These  lines  of  work  are  e.xpensive,  but 
as  we  live  in  a  democracy  where  the  people  are  not  only 
expected,  but  required,  to  solve  the  difficult  scientific,  socio- 
logical, and  political  problems  of  the  state,  avenues  for  ed- 
ucational training  and  scientific  investigation  must  be  kept 
open  lor  all  who  desire  to  do  such  work.  A  failure  to  do 
so  means  a  standstill  in  the  progress  of  civilization. 

Industrial  School.  —  The  Industrial  School,  commonly 
known  as  the  Reform  School,  is  supported  by  interest  de- 
rived from  a  fund  provided  by  the  sale  of  lands  given  to 
it  by  the  federal  government  and  by  appropriations  made 
for  its  maintenance  by  the  state.  It  is  governed  by  seven 
trustees,  consisting  of  the  superintendent  of  public  in- 
struction, the  attorney-general,  and  five  members  ap- 
pointed by  the  governor  for  a  term  of  four  years.  The 
board  elects  a  superintendent  to  supervise  the  institution 
under  its  direction.  The  pupils  of  the  school  are  all  sent 
to  it  by  the  juvenile  court.  The  object  of  maintaining 
this  institution  is  to  prevent  boys  and  girls  becoming  crim- 
inals and  to  reform  the  wayward. 


128  CIVIL   GOVERNMENT   OF  UTAH 

School  for  the  Deaf  and  Blind.  —  The  School  for  the 
Deaf  and  Blind  is  maintained  by  the  state  and  by  interest 
derived  from  funds  secured  by  the  sale  of  lands  given  the 
school  by  the  federal  government  for  the  benefit  of  the  de- 
fective children  of  the  state.  It  is  governed  by  a  board  of 
five  trustees  appointed  by  the  governor,  with  the  approval 
of  the  state  Senate,  for  the  term  of  six  years,  with  the  at- 
torney-general as  ex-officio  member.  The  board  elects  a 
superintendent  to  supervise  the  school  under  its  direction. 

The  work  of  the  two  last-named  institutions  is  to  care 
for  those  who  are  defective  either  physically  or  morally. 
The  world  is  coming  to  realize  that  the  morally  weak  need 
just  as  much  scientific  study  and  care  as  those  who  are 
physically  defective.     It  is  equally  a  work  for  the  speciaUst. 

QUESTIONS 

1 .  Who  was  the  first  school-teacher  in  Utah  ? 

2.  What  was  the  kind  of  schoolhouse  in  use  ? 

3.  When  was  the  university  organized  ? 

4.  What  was  the  Deseret  alphabet  ? 

5.  What  was  the  kind  of  work  first  undertaken  by  the  university  ? 

6.  When  was  the  Agricultural  College  organized  ? 

7.  How  are   the   University  and   the    Agricultural  College  main- 
tained ? 

8.  What  is  the  special  work  of  the  Agricultural  College? 

9.  When  were  free  common  schools  established  in  the  state  ? 

10.  How  does  the  state  help  to  support  the  common  schools  ? 

11.  What  should  be  the  qualifications  of  the  county  superintendent 
of  schools  ? 

12.  Should  he  be  subject  to  politics  ? 

13.  How  are  the  boards  of  education  in  the  cities  elected  ? 

14.  Should  all  the  members  be  elected  at  the  same  time  ? 

15.  Explain  the  work  of  the  Industrial  School  and  School  for  the 
Deaf  and  Blind. 

16.  How  are  they  maintained  .-* 


CHAPTER  VIII 
TAXATION 

Governments  must  have  money.  Without  it  they  cannot 
carry  on  their  afTairs.  This  is  equally  true  of  all  depart- 
ments. Modern  governments  do  much,  and  we  need  only 
to  look  about  us  to  see  how  many  public  things  require 
support.  The  town  has  streets  to  lay  out  and  to  keep  in 
repair ;  new  crossings  over  canals  to  build ;  water  systems 
to  install  and  maintain ;  a  town  hall  to  erect ;  and  town 
officials,  who  give  all  or  part  of  their  time  to  the  services 
of  the  public,  to  pay.  The  city  is  in  reality  only  a  large 
town,  but  on  account  of  its  size  much  more  must  be  done ; 
even  more,  in  proportion  to  population,  than  a  town. 
Streets  must  be  paved,  sewers  constructed,  streets  sprinkled, 
a  fire  and  police  department  maintained,  water  and  light 
provided.  Many  of  these  things  small  rural  communities 
do  without. 

The  county  in  its  turn  must  build  and  maintain  an  ex- 
tensive system  of  county  roads,  bridges,  and  drains,  care 
for  the  poor,  hence  the  maintenance  of  the  poorhouse  and 
poor  farm.  Most  of  the  county  officials  must  give  their 
full  time  to  the  county  and  must  be  paid  adequate  salaries. 
The  judges  and  district  attorneys  are  paid  out  of  the  state 
treasury.  The  state  has  many  officials,  who  must  be  paid 
for  full  time.  It  is  seldom  that  the  militia  is  called  into 
use,  but  at  considerable  expense  it  must  be  kept  up  so  that 
when  it  is  needed  it  will  be  ready  for  service.  Besides, 
the  state  maintains  several  public  institutions,  such  as  the 

129 


130  CIVIL   GOVERNMENT  OF   UTAH 

university,  the  Agricultural  College,  the  Mental  Hospital, 
the  School  for  the  Deaf  and  Blind,  the  Industrial  School, 
and  the  State  Prison,  all  of  which  require  large  sums  for 
maintenance.  The  public  school  system,  too,  is  a  charge, 
in  part,  on  the  state.  To  support  the  foregoing,  the  state 
is  allowed  to  levy  a  total  of  eight  mills  on  the  dollar  of 
assessed  valuation,  three  and  one  half  of  which  go  directly 
to  the  common  and  high  schools.  The  provision  for  all 
other  institutions  and  charges  must  come  from  four  and 
one  half  mills. 

The  simple  mention  of  these  numerous  things,  and  many 
more  not  mentioned,  will  easily  convince  any  one  of  the 
great  need  for  money.  The  question  arises.  Why  does  the 
state  do  these  things  and  how  does  it  secure  the  money  ? 
These  expenditures  are  made  by  the  public  because  the 
desired  object  can  be  better  accomplished  by  all  the  people 
acting  together  than  by  each  person  acting  separately.  In 
fact,  individual  action  in  most  cases  would  be  impossible 
and  all  must  work  in  union  to  provide  for  the  common 
interests.  In  this  case  the  common  interest  is  represented 
by  the  state  government  and  its  control  and  supervision. 

The  means  by  which  the  necessary  money  is  secured  is 
known  as  taxation.  The  public  officials  whose  duty  it  is 
to  care  for  the  public  welfare  and  make  expenditures, 
make  an  estimate  of  the  money  needed  and  report  the 
same  to  the  tax  officials.  They  in  turn  fix  the  percentage 
necessary  to  raise  the  desired  amount  and  apportion  it 
among  those  who  are  to  pay  it  according  to  the  property 
owned. 

The  legislature  has  given  the  State  Board  of  Equaliza- 
tion authority  to  levy  the  state  tax,  which  shall  not  exceed 
eight  mills.  As  already  indicated,  this  money  when  col- 
lected is  divided  as  follows  :  three  mills  to  common  schools; 


T.\XATION  131 

one  half  mill  to  high  schools ;  and  four  and  one  half  mills 
to  state  expenses. 

The  Board  of  County  Commissioners,  the  Board  of  City 
Commissioners,  the  city  councils,  town  boards,  and  the 
various  boards  of  education  are  authorized  to  make  levies 
to  meet  their  requirements  within  the  limitations  fixed  by 
law. 

The  county  commissioners  can  levy  not  to  exceed  five 
mills  on  the  dollar  for  general  county  purposes;  not  to 
exceed  one  mill  on  the  dollar  additional  for  the  mainte- 
nance and  relief  of  the  poor ;  and  not  to  exceed  four  mills 
on  the  dollar  for  district  school  purposes.  The  city  coun- 
cil or  Board  of  Commissioners  may  levy  not  to  exceed  five 
mills  on  the  dollar  to  defray  contingent  expenses ;  not  to 
exceed  ten  mills  on  the  dollar  to  purchase  water  sources, 
streams  and  lands,  and  to  construct  waterworks;  not  to 
exceed  five  mills  on  the  dollar  to  improve  and  repair  the 
streets  and  sidewalks  *  not  to  exceed  five  mills  to  construct 
and  repair  sewers  and  drains  ;  not  to  exceed  ten  mills  on 
the  dollar  to  construct  and  maintain  gas  works,  electric 
light  works,  telephone  lines,  street  railways,  or  bathhouses. 

The  city  council  and  Board  of  Commissioners  are  au- 
thorized, upon  the  petition  of  the  owners  of  one  third  of 
property  fronting  on  a  certain  described  district,  to  levy 
special  taxes  for  sidewalks,  sewers,  street  paving,  water 
mains,  etc.,  where  the  benefit  derived  goes  chiefly  to  the 
abutting  property,  or  the  city  council  or  Board  of  Commis- 
sioners may  order  the  levy  made  for  betterment  improve- 
ments, but  may  be  prevented  if  the  owners  of  two  thirds 
of  the  abutting  property  protest.  The  city  is  also  author- 
ized to  collect  licenses  for  the  privileges  of  carrying  on 
various  lines  of  business  within  its  limits. 

The  town  board  may  levy  not  to  exceed  one  fourth  of 


132  CIVIL   GOVERNMENT   OF  UTAH 

one  per  cent  on  the  assessed  valuation  of  the  property,  un- 
less two  thirds  of  the  voters  voting  at  a  special  election, 
called  for  that  purpose,  shall  vote  a  larger  per  cent,  but  in 
no  case  can  the  tax  exceed  one  half  of  one  per  cent. 

The  several  boards  of  education  are  allowed  to  levy 
taxes  for  the  support  of  the  schools  under  their  charge. 
In  cities  of  the  first  and  second  class  and  consolidated  dis- 
tricts the  board  can  levy  eight  mills  for  maintenance ;  one 
and  one  half  mills  for  building  and  grounds ;  and  enough 
additional  to  pay  the  interest  and  sinking  fund,  if  there  is 
any  bonded  indebtedness.  Anything  above  this  can  only 
be  levied  by  a  special  vote  of  the  people.  In  school  dis- 
tricts outside  of  cities  of  the  first  and  second  class  and 
consoUdated  county  districts  the  trustees  are  authorized  to 
levy  not  to  exceed  ten  mills  a  year  unless  a  larger  levy 
has  been  decided  upon  by  the  voters  at  a  special  election 
called  for  that  purpose. 

The  assessment  of  the  property  for  all  purposes  is  done 
by  the  county  assessor ;  the  collection  of  all  taxes  whether 
for  state,  county,  city,  town,  or  school  district  is  made  by 
the  county  treasurer. 

QUESTIONS 

1 .  What  is  a  tax  ? 

2.  Why  is  it  necessar>'  to  levy  and  collect  taxes  ? 

3.  How  is  the  amount  of  the  levy  determined  ? 

4.  Who  assesses  the  property  ? 

5.  Who  collects  the  taxes  ? 


CHAPTER  IX 
PENAL  AND  CHARITABLE  INSTITUTIONS 

The  only  state  penal  institution  is  the  state  prison.  It 
is  under  the  control  of  the  board,  as  already  described 
(p.  74).  The  board  appoints  a  warden  of  the  prison, 
whose  duty  gives  him  direct  charge  of  the  institution 
and  the  prisoners.  Whenever  a  man  violates  the  law  and 
is  brought  before  the  state  courts,  he  may,  if  the  law  so 
provides,  be  sent  to  the  state  prison  to  pay  the  penalty  for 
doing  wrong.  Once  there,  he  is  made  to  obey  very  strict 
rules  and  each  night  is  made  to  sleep  in  an  iron  cell.  The 
law  now  provides  that  prisoners  may  be  used  to  build  pub- 
lic roads.  The  chief  aim  in  dealing  with  these  unfortunate 
men  should  be  to  reform  them  and  to  teach  them  to  lead  a 
better  life. 

The  School  for  the  Deaf  and  Blind  at  Ogden  is  a  state 
charitable  institution.  It  is  under  control  of  a  board  and  a 
superintendent.  Those  devoid  of  sight  or  unable  to  hear 
are  very  unfortunate,  and  the  state  very  properly  has  under- 
taken to  care  for  them  and  to  provide  means  to  educate 
them.  Many  of  them,  after  years  of  proper  training,  become 
able  to  help  themselves  considerably.  The  chief  purpose, 
however,  is  to  enable  them,  even  though  defective  in  their 
senses,  to  enjoy  life. 

State  Mental  Hospital.  —  The  State  Mental  Hospital,  or 
insane  asylum,  is  located  at  Provo  and  is  under  a  board  of 
control.  The  purpose  of  the  institution  is  to  provide  and 
care  for  those  unfortunates  who  have  lost  their  reason.     The 

^35 


134  CIVIL  GOVERNMENT   OF   UTAH 

aim  is,  if  possible,  to  restore  the  reason  by  proper  psycho- 
logical and  medical  treatment,  but  if  this  fails,  to  give  them 
the  best  possible  care  under  the  circumstances.  Insanity 
is  an  illness  and  should  be  treated  as  such. 

QUESTIONS 

1.  Why  should  the  state  maintain  a  penal  institution  ? 

2.  What  should  be  the  aim  of  those  in  charge  of  men  and  women  in 
a  penal  institution  ? 

3.  Why  should  the   state  maintain  the  Mental  Hospital  and   the 
School  for  the  Deaf  and  Blind  ? 


CHAPTER   X 
POLITICAL  PARTIES 

In  all  countries  having  free  governnnent,  where  men  are 
supposed  to  think,  there  is  bound  to  be  a  difference  of 
opinion  as  to  how  the  state  should  conduct  its  affairs. 
Many  persons  are  liberal  or  progressive  in  their  ideas, 
while  others  are  conservative.  For  this  reason  they  will 
naturally  fall  into  two  large  groups.  Outside  of  these 
there  will  be  many  citizens  who  will  not  join  either  of  the 
larger  groups,  but  form  into  smaller  groups  for  the  pro- 
motion of  some  special  reform.  These  several  groups 
either  take  on  or  are  given  a  name  and  are  then  known 
as  political  parties.  Parties  are  necessary  in  popular  gov- 
ernment. They  are  the  means  by  which  the  voters  get 
together,  and  gain  control  of  the  government,  express  their 
will,  and  enact  their  ideas  into  law.  Very  often  the  small 
parties  have  great  influence  in  forcing  the  larger  parties 
to  adopt  the  particular  reforms  for  which  they  stand  in 
order  to  get  their  support. 

Parties  are  a  good,  if  wisely  managed,  but  it  is  well 
to  remember  that  they  may  become  very  corrupt,  and  the 
only  safeguard  against  political  corruption  is  a  wide-awake 
citizenship  and  a  strong  opposition  party.  Many  persons, 
particularly  the  active  political  workers,  become  strongly 
biased  against  their  political  opponents.  Their  prejudice 
is  often  carried  to  such  an  extent  that  it  enters  into  all 
the  affairs  of  life.  An  important  thing  to  remember  is 
that  the  average  American,  no  difference  to  what  party 

135 


136  CIVIL  GOVERNMENT  OF   UTAH 

he  may  belong,  is  a  good  man.  Every  American  citizen 
should  have  a  high  ideal  of  the  right.  He  should  at  all 
times  act  independently  upon  his  own  conviction;  and 
having  done  so,  should  freely  accord  to  every  other  indi- 
vidual the  same  right,  and  it  should  not  in  the  least  change 
his  opinion  or  affect  his  attitude  toward  his  fellow  citizen. 
The  evils  of  party  government  begin  to  appear  when  party 
managers  try  to  make  use  of  the  party  for  private  use  or 
personal  advancement.  In  order  to  accomplish  this,  they 
attempt  to  convince  the  voters  that  patriotism  and  parti- 
sanism  are  the  same  and  that  loyalty  to  the  party  and  to 
the  state  are  the  same  thing.  They  are  by  no  means  the 
same,  and  very  often,  where  corrupt  men  are  strongly  in- 
trenched in  the  control  of  the  party,  a  revolt  is  the  only 
method  that  will  cause  the  party  to  cleanse  itself  or  remove 
the  evil.  These  evils  creep  into  party  control  very  fre- 
quently through  the  indifference  of  many  of  the  people  in 
the  affairs  of  government  or  of  the  nonparticipation  of  a 
class  of  citizens  who  feel  that  they  are  too  good  to  mingle 
in  poHtics. 

Before  the  adoption  of  the  Constitution  the  people  of  the 
United  States  had  divided  into  national  political  parties, 
and  such  divisions  have  continued  down  to  the  present. 
The  national  political  parties  have  also  extended  into  the 
states  and  even  into  the  cities  and  villages,  until  national 
divisions  now  govern  in  the  most  trivial  matters.  Just  why 
a  man's  belief  in  protection  or  free  trade  or  the  possession 
of  the  Philippine  Islands  should  enter  into  the  election 
of  a  county  commissioner  or  school  trustee  is  impossible 
to  explain,  except  on  the  ground  that  in  order  to  win 
national  elections,  the  poHtical  machinery  must  be  kept  in 
operation  and  the  voters  lined  up.  It  must  be,  however, 
borne  in  mind  that  for  the  average  citizen  it  is  much  easier 


POLITICAL  PARTIES  I37 

to  align  himself  with  a  party  and  remain  there  than  it  is 
to  realign  himself  with  a  new  party  for  every  subdivision 
of  our  government.  In  most  foreign  nations  the  national 
parties  do  not  control  in  local  elections.  Voters  divide  locally 
according  to  their  position  in  respect  to  the  question  before 
them  for  decision,  national  parties  being  entirely  ignored. 

The  temporary  success  of  any  political  party  depends 
in  a  large  measure  upon  the  completeness  and  efficiency  of 
its  organization.  In  the  long  run,  however,  any  party  to 
retain  the  confidence  of  the  public  must  make  its  primary 
purpose  the  service  of  the  people.  To  do  this,  it  must  be 
under  the  leadership  of  strong,  capable,  honest  men,  who 
aim  to  make  it  progressive  and  to  keep  it  free  from  corrup- 
tion. If  this  policy  is  pursued,  the  young  voters  will  join 
it,  and  the  old  members  of  the  organization  will  remain  its 
enthusiastic  supporters.  Too  often,  for  temporary  advan- 
tage, the  opposite  policy  is  pursued  and  the  party  organi 
zation  becomes  merely  a  means  for  securing  both  elective 
and  appointive  offices  for  its  followers.  Under  these  cir- 
cumstances the  party  machinery  usually  falls  into  the  hands 
of  a  boss  or  a  group  of  office-holders  whose  purpose  is  to 
exploit  the  government  for  the  benefit  of  themselves  and 
their  political  friends.  When  this  is  done,  the  party  soon 
loses  the  confidence  of  the  public  and  can  retain  the  control 
of  the  government  by  corrupt  methods  only.  It  is  the  real 
object  of  all  party  organization  to  bring  about  good  govern- 
ment and  when  it  fails,  it  has  no  reason  for  existence. 

The  organization  may  be  divided  into  two  general  divi- 
sions, the  primary  and  conventions  and  the  committees. 
The  people  in  the  primaries  and  conventions  nominate  the 
ticket  and  elect  the  managing  committees.  These  commit- 
tees when  elected  manage  the  election  campaigns.  The 
primary  is  a  meeting  of  the  voters  in  a  ward  or  precinct 


138  CIVIL   GOVERNMENT  OF   UTAH   . 

for  the  nomination  of  candidates  to  fill  the  local  ofhces  to 
be  voted  upon  by  the  people  at  the  next  election  and  also 
for  the  election  of  delegates  to  a  convention.  The  primary 
is  the  most  important  and  at  the  same  time  the  weakest 
part  of  the  American  political  machinery.  It  is  the  most 
important  because  it  is  here  that  the  delegates  are  chosen 
who  shape  the  policy  of  the  party  and  at  the  same  time 
place  men  in  nomination  for  all  the  more  important  offices, 
and  good  government  depends  more  on  good  men  than  on 
any  party.  If  the  primaries  are  left  in  the  hands  of  politi- 
cians in  both  parties  it  is  next  to  impossible  for  the  people 
to  control,  for  it  does  not  matter  which  ticket  they  vote, 
they  get  the  same  class  of  men.  All  that  is  left  in  that 
event  is  the  choice  of  two  evils. 

At  the  best  it  is  difficult  for  the  average  citizen  to  con- 
trol in  a  primary.  He  usually  goes  there  with  no  pre- 
arranged plan,  whereas  the  politician  aims  to  control 
through  his  friends.  He  is  careful  to  see  that  they  are  all 
there  on  time  and  in  sufficient  numbers  to  have  a  majority 
in  the  meeting  and  to  elect  the  delegates  which  in  most 
cases,  have  been  previously  agreed  upon. 

The  only  avenue  then  left  is  revolt  against  all  parties, 
which  is  exceedingly  difficult.  If  so  many  of  the  so-called 
better  citizens  would  come  out  and  attend  the  primary,  it 
would  give  them  the  control  and  not  leave  it  in  the  hands 
of  men  who  operate  it  for  their  own  personal  gain.  It  is 
useless  to  complain  when  all  is  over ;  the  best  place  to 
improve  conditions  is  at  the  primary. 

To  overcome  the  evils  which  have  developed  in  the 
primary,  many  states  are  enacting  primary  election  laws, 
which  provide  for  a  preelection  to  determine  who  shall  be 
the  candidates  for  the  respective  parties.  It  aims  to  do 
away  with  the  need  of   primaries   and   conventions   and 


POLITICAL  PARTIES  139 

places  the  matter  right  up  to  the  citizens  to  decide  by  vote 
which  persons  they  want  to  represent  them  at  the  regular 
election.  We  have  this  system,  as  has  been  already 
described,  in  cities  of  the  first  and  second  class. 

The  convention  is  a  meeting  of  the  delegates  elected  at 
the  several  primaries  for  the  purpose  of  nominating  candi- 
dates for  public  office  and,  in  many  cases,  electing,  from  its 
own  body,  other  delegates  to,  perhaps,  state  or  national  con- 
ventions. For  it  should  be  borne  in  mind  that  it  is  at 
a  convention  that  the  President  of  the  United  States  is 
nominated,  as  well  as  Congressmen,  governors,  district 
judges,  and  attorneys  and  county  officers.  The  national, 
state,  county,  and  city  conventions  usually  adopt  platforms 
outlining  the  policy  of  the  party. 

The  proper  management  of  the  primaries  and  conven- 
tions is  a  very  important  matter  if  the  nomination  and  elec- 
tion of  good,  competent  men  are  to  be  secured  for  public 
office.  The  management  of  the  campaign  preceding  the 
election,  and  the  selection  of  proper  committees,  is  very 
essential  if  the  party  hopes  to  be  successful. 

There  are  also  permanent  organizations  lasting  from  one 
campaign  to  another.  The  national  committee  to  conduct 
the  presidential  campaign  is  elected  by  the  national  conven- 
tion, but  the  members  from  the  respective  states  are  named 
by  the  delegation  at  the  convention  from  the  particular  state. 
The  national  committee,  in  connection  with  the  presidential 
candidate,  names  the  national  party  chairman.  The  dele- 
gates to  the  state  convention  are  usually  selected  by  county 
convention  or  by  primaries.  When  it  is  thought  best  to 
use  the  primaries  instead  of  holding  a  convention,  the 
delegates  are  distributed  among  the  precincts  according  to 
population.  The  state  convention  elects  a  state  committee 
to  conduct  the  state  campaign,  but  the  members  from  the 


I40  CIVIL   GOVERNMENT  OF  UT.\H 

respective  counties  are  really  named  by  the  delegation  in 
attendance  from  that  county.  The  state  committee  when 
formed  elects  a  state  chairman  and  he  appoints  an  execu- 
tive committee.  In  the  county  the  county  convention  itself 
may  select  the  chairman  of  the  several  precincts  of  the 
county.  The  chairman  appoints  an  executive  committee. 
The  chairmen  of  the  several  districts  of  the  city  constitute 
the  city  committee,  which  usually  selects  a  chairman,  who 
appoints  his  executive  committee.  The  success  of  the 
election  depends  in  a  large  measure  upon  the  energy  and 
ability  shown  by  the  members  of  the  party  and  in  securing 
the  floating  vote.  This  is  done  by  speeches,  parades,  the 
organization  of  clubs,  and  sometimes  by  the  corrupt  practice 
of  purchasing  votes.  The  last-named  method  should  meet 
with  the  strong  disapproval  of  every  honest  citizen,  because 
democratic  institutions  can  only  succeed  by  honesty  at  the 
ballot  box  and  efficiency  in  office. 

Nomination  by  petition  may  be  made  whenever  the  re- 
quired number  of  names  can  be  secured  by  any  one  who 
desires  to  become  a  candidate  for  office.  It  is  frequently 
resorted  to  when  the  nominees  of  both  parties  are  so  objec- 
tionable that  it  is  felt  that  an  independent  candidate  can  win. 

QUESTIONS 

1 .  Why  do  we  have  more  than  one  party  ? 

2.  Is  it  right  to  become  strongly  partisan  ? 

3.  Should  a  party  be  used  to  gain  personal  ends  ? 

4.  Is  a  revolt  against  a  party  ever  justified  ? 

5.  What  effect  has  an  organization  upon  the  success  of  a  party  ? 

6.  What  is  the  main  reason  for  a  party  ? 

7.  What  is  a  primary  ?  a  convention  ? 

8.  What  is  the  work  of  the  party  committees  ? 

9.  Why  is  the  primary  so  important  ? 

10.    How  are  candidates  nominated  by  petition  ? 


CHAPTER   XI 
REGISTRATION   AND   ELECTIONS 

The  county  commissioners  constitute  a  board  for  the 
appointment  of  registration  officers.  The  law  requires 
that  it  appoint  one  registration  officer  for  each  voting 
district  who  is  of  the  same  political  faith  as  the  majority  of 
the  voters  in  that  district  at  the  last  congressional  election. 
On  certain  days  specified  by  law  the  registration  agent 
must  keep  his  office  open  for  the  registration  of  persons 
whose  names  are  not  already  on  the  list.  All  persons  who 
expect  to  vote  must  register.  Voters  must  also  be  natural- 
ized or  native-born  citizens  of  the  United  States  and  twenty- 
one  years  of  age.  Furthermore,  the  law  requires  that 
citizens  must  have  been  residents  of  the  state  one  year,  of 
the  county  four  months,  and  of  the  precinct  sixty  days 
immediately  preceding  the  election  before  they  can  register, 
that  is,  sign  a  blank  to  that  effect  with  the  registrar. 
None  but  registered  citizens  can  vote. 

Australian  Ballot.  —  The  old  form  of  voting  allowed 
each  party  to  furnish  its  own  ballot  and  many  times  the 
ballots  were  printed  on  the  brightest  paper  to  be  found, 
the  object  being  to  see  how  the  person  voted.  By  the 
Australian  system  now  in  use  in  the  state  the  ballots  are 
all  official  and  prepared  by  the  county  clerk.  The  names 
of  all  persons  nominated  by  a  party  or  upon  petition  are 
properly  printed  upon  the  ballot.  Besides  these,  there  is 
a  space  left  vacant  for  the  voter  to  write  in  any  new  name 
he  may  wish  to  vote  for.     In  case  it  is  a  city  or  town  elec- 

141 


142  CIVIL   GOVERNMENT  OF  UT.VH 

tion,  the  city  recorder  or  the  town  clerk  prepares  the  ballots, 
the  same  as  the  county  clerk  does  for  the  general  election. 
The  names  of  all  the  candidates  are  placed  on  one  ballot. 

All  elections,  except  school  and  special  elections,  are  held 
on  the  first  Tuesday  after  the  first  Monday  in  November. 
The  national  and  state  elections  come  on  the  even  num- 
bered years  (i.e.  1908,  191 2,  1916)  while  the  city  and 
town  elections  come  on  the  odd-numbered  years  {i.e.  1909, 
191 1,  1913).  The  school  elections  in  the  cities  and  consoli- 
dated districts  are  held  in  December  in  the  even-numbered 
years  and  in  July  every  year  in  the  districts.  The  county 
clerk,  the  city  recorder,  or  the  town  clerk  must  give  proper 
notice  of  an  election. 

The  Board  of  County  Commissioners  divides  the  county 
into  election  districts  and  selects  a  suitable  room  for  voting 
purposes.  In  cities  the  districts  are  created  by  the  city 
council  and  in  towns  by  the  town  board.  In  all  general 
elections  three  judges  are  appointed  by  the  county  com- 
missioners. The  part  of  the  room  occupied  by  the  judges 
must  be  separated  from  the  other  part  of  the  room  by  a 
rail,  within  which  inclosure  no  one  is  allowed  except  the 
judges,  the  inspectors,  and  those  who  are  there  for  the  pur- 
pose of  voting.  Loafers  must  remain  a  hundred  feet  from 
the  polls.  Sufficient  voting  booths  must  be  provided  for 
the  voters.  They  must  be  so  arranged  that  the  voter  can 
enter  and  secretly  mark  his  ballot.  At  the  same  time  the 
construction  must  be  such  as  to  allow  the  judges  to  see 
that  there  is  not  more  than  one  person  in  each  booth  at  a 
time. 

The  polls  are  open  from  seven  in  the  morning  until 
seven  in  the  evening.  When  a  voter  enters  the  poll  room 
he  announces  his  name  to  one  of  the  judges  of  election,  who 
immediately  finds  if  the  person  is  properly  registered.      If 


REGISTRATION   AND   ELECTIONS  143 

he  is,  the  presiding  judge  hands  him  a  ballot,  which  he 
takes  into  one  of  the  unoccupied  booths  and  marks.  If 
he  desires  to  vote  a  "  straight  ticket,"  he  can  place  a  cross 
(X)  in  a  circle  beneath  the  party  emblem.  If  on  the  con- 
trary, he  desires  to  vote  for  persons  upon  different  tickets 
or  a  •*  scratched  ticket "  he  must  place  a  cross  in  the 
square  by  the  name  of  each  person  voted  for.  If  the  voter 
is  unable  to  mark  his  ticket,  he  may  secure  the  assistance 
of  two  of  the  judges  of  election.  Both,  however,  must  not 
belong  to  the  same  party.  In  case  the  person  cannot 
speak  English,  two  persons  of  different  parties  may  be 
sworn  in  to  act  as  interpreters.  The  ballot  must  be  care- 
fully folded  before  leaving  the  booth  and  returned  to  the 
presiding  judge  of  election,  who  calls  out  the  stub  number 
to  see  if  it  corresponds  to  the  number  entered  in  the  poll 
book  when  the  ballot  was  handed  to  the  voter;  if  it  does, 
the  judge  tears  off  the  stub  from  the  ballot  and  returns  it 
to  the  voter,  who,  in  full  presence  of  all  the  judges,  deposits 
it  in  the  ballot  box.  The  presiding  judge  now  calls  out 
the  name  of  the  individual  and  the  word  "  voted."  The 
name  is  then  properly  checked  so  that  the  same  person 
cannot  cast  two  ballots  at  the  same  election.  The  voter  is 
now  supposed  to  leave  the  room. 

To  prevent  unqualified  persons  from  voting,  each  party 
is  permitted  one  watcher  inside  the  railing  and  challengers 
on  the  outside.  If  a  person  who  is  attempting  to  vote  is 
disqualified,  they  are  supposed  to  challenge  his  vote  and 
the  judges  will  have  to  pass  upon  it  there  and  then.  There 
is  a  heavy  punishment  for  illegal  voting. 

As  soon  as  the  polls  are  closed,  the  judges  are  required 
to  canvass  the  ballots.  They  must  first  count  the  number 
of  ballots  in  the  box,  and  if  they  correspond  in  number  with 
the  number  of  persons  who  voted,  then  they  must  count  the 


144  CIVIL  GOVERNMENT  OF  UTAH      - 

votes  cast  for  each  candidate  and  enter  the  same  on  a  sheet 
of  paper  commonly  called  a  tally  sheet  provided  for  the 
purpose.  If  there  is  an  excess  of  ballots  in  the  box,  they 
must  be  carefully  examined  to  see  if  any  fraudulent  ones 
can  be  found.  If  they  are  discovered,  they  must  be  re- 
jected. If  none  can  be  found,  or  if  after  they  have  been 
and  are  rejected  and  there  is  still  an  excess,  one  of  the 
judges  in  the  presence  of  the  others  must  draw  from  the 
box  a  sufficient  number  to  make  the  number  of  voters  and 
ballots  even.  The  ballots  shall  then  be  counted  as  described 
in  the  first  part  of  the  paragraph. 

When  the  ballots  are  counted,  they  are  carefully  strung 
on  a  string,  placed  in  a  strong  envelope  and  sealed  up. 
Defective,  fraudulent,  or  excess  ballots  are  placed  on  a 
separate  string.  One  tally  sheet,  one  poll  book,  an  official 
register,  list  of  persons  challenged,  certificates  of  registration 
and  oath  of  judges  properly  signed  and  certified  must  be 
sealed  in  a  large  envelope  and  together  with  the  ballots  be 
delivered  within  twenty-four  hours  to  the  county  clerk,  city 
recorder,  or  town  clerk.  The  ballots  are  retained  by  the 
clerk  one  year  and  then  destroyed. 

The  Board  of  County  Commissioners  is  ex  officio  a  board 
of  canvassers  in  the  case  of  an  election  of  the  county  and 
must  at  noon  on  the  Monday  following  the  election  meet 
and  canvass  the  returns.  The  county  clerk  is  clerk  of  the 
Board  of  Canvassers.  If  the  returns  are  not  all  in,  the 
board  must  adjourn  from  day  to  day  until  they  are  all  in. 
If  at  the  end  of  the  seventh  day  the  returns  have  not 
reached  the  clerk,  he  is  required  to  send  a  special  messenger 
to  secure  them  and  to  pay  him  out  of  the  county  funds. 
When  the  canvass  is  complete,  the  person  receiving  the 
highest  number  of  votes  is  declared  elected  by  the  board, 
and  the  county  clerk  is  required  to  deliver  to  such  per- 


REGISTRATION  AND   ELECTIONS  145 

son  a  certificate  of  election  signed  by  him  with  his  seal 
upon  it. 

The  clerk  is  then  required  to  make  a  certified  abstract 
of  the  "  election  returns  "  for  all  matters  pertaining  to  the 
state  at  large  and  forward  the  same  to  the  secretary  of 
state.  On  the  fourth  Monday  of  November  after  the  day 
of  election  the  State  Board  of  Canvassers,  consisting  of  the 
state  auditor,  state  treasurer,  and  attorney-general,  must 
meet  in  the  office  of  the  secretary  of  state,  who  acts  as 
secretary  of  the  board  and  makes  a  canvass  of  the  returns 
for  the  whole  state,  or  if  the  election  is  for  two  or  more 
counties,  but  less  than  the  whole  state,  then  for  such  a 
district,  i.e.  judicial  district,  the  board  must  declare  the 
person  having  the  highest  number  of  votes  elected  and 
the  secretary  of  state  shall  issue  him  a  certificate.  If  the 
secretary  of  state  is  elected  to  succeed  himself,  his  certifi- 
cate must  be  issued  by  the  State  Board  of  Canvassers. 

In  elections  held  by  cities,  towns,  and  school  districts  the 
city  council,  the  town  board,  or  the  school  board  appoints 
the  judges,  canvasses  the  returns  and  the  recorder  or  clerk 
of  the  respective  bodies  issues  the  certificate  following  the 
procedure  outlined  for  county  and  state  elections. 

As  already  stated,  upon  the  purity  of  its  election  and  the 
efficiency  and  integrity  of  its  officials  depends  the  success 
of  democratic  institutions.  For  this  reason  the  state  has 
provided  for  the  sacredness  of  the  ballot.  In  addition  to 
adopting  the  Australian  ballot,  it  has  made  every  attempt 
to  interfere  by  way  of  giving  or  receiving  a  bribe,  riot, 
intimidation,  fraud,  forgery,  altering  or  destroying  election 
returns,  betting,  or  drunkenness  a  serious  crime  against  the 
state,  punishable  by  fine  and  imprisonment.  The  purpose 
of  these  regulations  is  to  allow  every  person  to  cast  his 
vote  without  let  or  hindrance  as  his  conscience  dictates. 


146  CIVIL  GOVERNMENT  OF  UTAH 

Any  interference  in  any  way  with  the  privilege  granted  to 
the  citizen  is  a  blow  at  the  foundation  of  the  state  and 
should  call  forth  the  strong  arm  of  the  state  to  repel  it. 

Arty  citizen  may  contest  the  election  of  any  person  to 
public  office  for  fraud,  malconduct,  corruption,  bribery,  il- 
legal voting,  error  by  the  board  of  canvassers  in  counting 
the  voting,  etc.  The  contest  must  be  filed  with  the  clerk 
of  the  district  court  within  forty  days  after  the  first  Mon- 
day following  the  election.  The  charge  must  give  the 
name  of  the  person  whose  right  is  contested,  the  office  and 
the  grounds  of  the  contest.  The  judge  of  the  district  court 
shall  then  fix  a  day  and  hear  the  case.  If  an  inspection  of 
the  ballots  is  necessary,  the  judge  may  order  the  proper 
officer  to  produce  the  same  in  court  when  the  judge  will 
open  the  envelopes  in  the  presence  of  the  contestants  and 
their  attorneys  and  inspect  them.  From  all  the  evidence 
produced  the  judge  is  to  declare  the  person  having  the 
highest  number  of  legal  votes  elected. 

QUESTIONS 

1.  What  is  meant  by  registration  ? 

2.  Why  are  voters  required  to  register  ? 

3.  Why  does  the  law  require  a  residence  of  some  months  in  the 
precinct,  county,  and  state  before  a  citizen  is  allowed  to  register  ? 

4.  What  is  the  chief  advantage  of  the  Austrahan  ballot  ? 

5.  When  are  the  general  elections  held  ? 

6.  Who  are  in  control  of  the  elections  ? 

7.  How  many  votes  are  required  to  elect  ? 

8.  Should  elections  be  honestly  conducted  ?     Why  ? 


APPENDIX 

STATE   OFFICERS 

Elected  by  the  People  for  Four  Years 

SALARIKS 

Governor $6000 

Secretary  of  State .     .  4000 

State  Auditor 3000 

State  Treasurer 2500 

Attorney-General 4000 

State  Superintendent  of  Public  Instruction  3000 

Judge  of  the  Supreme  Court,  each      ...  5000 

District  Judge,  each 4000 

District  Attorney,  first,  fourth,  fifth,  sixth,  seventh  districts  .     .     .  1500 

District  Attorney,  Third  District    .     .                                             .     .  3000 

District  Attorney,  Second  District                                             ...  2000 

Appointed  by  the  Giwernor  with  the  Approt^a/  of  the  Senate 

Adjuunt  General 5 1500 

Assistant  Adjutant  General ....  600 

Captain ....  200 

Lieutenant  (First) 200 

Lieutenant  (Second) 150 

1  State  Engineer  (4) ...  3000 

Fish  and  Game  Commissioner  (4) .     .                         1800 

State  Bank  Examiner  (2) 1800 

Insurance  Commissioner  (2) 2500 

F'ood  and  Dairy  Commissioner  (2) 1500 

Coal  Mine  Inspector  (4) 2000 

State  Chemist  (2) 2000 

State  Horticultural  Inspector  (2) 1800 

State  Veterinarian  (2)  .     .    ' 1800 

Commissioner  of  Immigration  (2) 1800 

Bank  Commissioner  (4) 2500 

1  Figure  in  parentheses  after  position  indicates  the  length  of  the  term  in  years. 

«47 


148  CIVIL  GOVERNIVIENT  OF  UTAH 

Members  of  the  Land  Board,  each  (2) $  1500 

Secretary  of  Land  Board  (2) 1800 

State  Board  of  Equalization,  each  (4) 1500 

Chief  Clerk  of  Board  of  Equalization  (4) 1800 

Sheep  Commissioners,  each  (4) 500 

Appointed  by  the  Governing  Boards  for  One  Year 

President  of  the  University  of  Utah $5000 

President  of  the  Agricultural  College  of  Utah 5000 

Superintendent  of  the  State  School  for  the  Deaf  and  the  Blind     .  3000 

Superintendent  of  the  Mental  Hospital 2700 

Superintendent  of  the  State  Industrial  School 2400 

Board  of  Health  (Secretary)       ." 2000 

Warden  of  the  State  Prison 2500 


CONSTITUTION   OF   THE   STATE  OF   UTAH 

PREAMBLE 

Grateful  to  Almighty  God  for  life  and  liberty,  we,  the  people  of  Utah, 
in  order  to  secure  and  perpetuate  the  principles  of  free  government,  do 
ordain  and  establish  this 

CONSTITUTION 
ARTICLE  I 

DECLARATION  OP  RIGHTS 

Section  1.  Inherent  and  inalienable  rights.  All  men  have  the  inher- 
ent and  inalienable  right  to  enjoy  and  defend  their  lives  and  liberties ;  to 
acquire,  possess  and  protect  property ;  to  worship  according  to  the  dictates 
of  their  consciences ;  to  assemble  peaceably,  protest  against  wrongs,  and 
petition  for  redress  of  grievances ;  to  communicate  freely  their  thoughts 
and  opinions,  being  responsible  for  the  abuse  of  that  right. 

Sec.  2.  All  political  pcwer  inherent  in  the  people.  All  political  power 
is  inherent  in  the  people;  and  all  free  governments  are  founded  on 
their  authority  for  their  equal  protection  and  benefit,  and  they  have  the 
right  to  altet  or  reform  their  government  as  the  public  welfare  may  re- 
quire. 

Sec.  3.  Utah  inseparable  from  the  Union,  The  State  of  Utah  is  an  in- 
separable part  of  the  Federal  Union  and  the  Constitution  of  the  United 
States  is  the  supreme  law  of  the  land. 

Sec.  4.  Religious  liberty.  The  rights  of  conscience  shall  never  be  in- 
fringed. The  State  shall  make  no  law  respecting  an  establishment  of 
religion  or  prohibiting  the  free  exercise  thereof;  no  religious  test  shall  be 
required  as  a  qualification  for  any  office  of  public  trust  or  for  any  vote  at 
any  election ;  nor  shall  any  person  be  incompetent  as  a  witness  or  juror  on 
account  of  religious  belief  or  the  absence  thereof.  There  shall  be  no 
union  of  Church  and  State,  nor  shall  any  church  dominate  the  State  or  in- 

149 


150  CONSTITUTION   OF  UTAH 

terfere  with  its  functions.  Iso  public  money  or  property  shall  be  appro- 
priated for  or  applied  to  any  leligious  worship,  exercise  or  instruction,  or 
for  the  support  of  any  ecclesiastical  establishment  No  property  qualifi- 
cation shall  be  required  of  any  person  to  vote  or  hold  office,  except  as 
provided  in  this  Constitution. 

Sec.  5.  Habeas  Corptis.  The  privilege  of  the  writ  of  habeas  corpus  shall 
not  be  suspended,  unless,  in  case  of  rebellion  or  invasion,  the  public  safety 
requires  it. 

Sec.  6.  Right  to  bear  arms.  The  people  have  the  right  to  bear  arms  for 
their  security  and  defense,  but  the  Legislature  may  regulate  the  exercise 
of  this  right  by  law. 

Sec.  7.  Due  process  0/ law.  No  person  shall  be  deprived  of  life,  liberty 
or  property,  without  due  process  of  law. 

Sec.  8.  Offenses  bailable.  All  prisoners  shall  be  bailable  by  sufficient 
sureties,  except  for  capital  offenses  when  the  proof  is  evident  or  the  pre- 
sumption strong. 

Sec.  9.  Excessive  bail  and  fines.  Cniel  punishments.  Excessive  bail 
shall  not  be  required;  excessive  fines  shall  not  be  imposed;  nor  shall 
cruel  and  unusual  punishments  be  inflicted.  Persons  arrested  or  impris- 
oned shall  not  be  treated  with  unnecessary  rigor. 

Sec.  10.  Trial  by  jury.  In  capital  cases  the  right  of  trial  by  jury  shall 
remain  inviolate.  In  courts  of  general  jurisdiction,  except  in  capital  cases, 
a  jury  shall  consist  of  eight  jurors.  In  courts  of  inferior  jurisdiction  a 
jury  shall  consist  of  four  jurors.  In  criminal  cases  the  verdict  shall  be 
unanimous.  In  civil  cases  three-fourths  of  the  jurors  may  find  a  verdict. 
A  jury  in  civil  cases  shall  be  waived  unless  demanded. 

Sec.  11.  Courts  open.  Redress  of  injuries.  All  courts  shall  be  open,  and 
every  person,  for  an  injury  done  to  him  in  his  person,  property  or  reputa- 
tion, shall  have  remedy  by  due  course  of  law,  which  shall  be  administered 
without  denial  or  unnecessary  delay ;  and  no  person  shall  be  barred  from 
prosecuting  or  defending  before  any  tribunal  in  this  State,  by  himself  or 
counsel,  any  civil  cause  to  which  he  is  a  party. 

Sec.  12.  Rights  of  accused  persons.  In  criminal  prosecutions  the  accused 
shall  have  the  right  to  appear  and  defend  in  person  and  by  counsel,  to 
demand  the  nature  and  cause  of  the  accusation  against  him,  to  have  a  copy 
thereof,  to  testify  in  his  own  behalf,  to  be  confronted  by  the  witnesses 
against  him,  to  have  compulsory  process  to  compel  the  attendance  of 
witnesses  in  his  own  behalf,  to  have  a  speedy  public  trial  by  an  impartial 
jury  of  the  county  or  district  in  which  the  offense  is  alleged  to  have  been 
committed,  and  the  right  to  appeal  in  all  cases.  In  no  instance  shall  any 
accused  person,  before  final  judgment,  be  compelled  to  advance  money  or 


CONSTITUTION   OF  UTAH  151 

fees  to  secure  the  rights  herein  guaranteed.  The  accused  shall  not  be 
compelled  to  give  evidence  against  himself;  a  wife  shall  not  be  compelled 
to  testify  against  her  husband,  nor  a  husband  against  his  wife,  nor  shall  any 
person  be  twice  put  in  jeopardy  for  the  same  offense. 

Sec.  13.  Prosecution  by  information  or  indictment.  Grand  jury.  Offenses 
heretofore  required  to  be  prosecuted  by  indictment,  shall  be  prosecuted  by 
information  after  examination  and  commitment  by  a  magistrate,  unless  the 
examination  be  waived  by  the  accused  with  the  consent  of  the  State,  or  by 
indictment,  with  or  without  such  examination  and  commitment.  The  grand 
jury  shall  consist  of  seven  persons,  five  of  whom  must  concur  to  find  an 
indictment ;  but  no  grand  jury  shall  be  drawn  or  summoned  unless  in  the 
opinion  of  the  judge  of  the  district,  public  interest  demands  it. 

Sec.  14.  UnreasonahU  searches  forbidden.  Issuance  of  warrant.  The 
right  of  the  people  to  be  secure  in  their  persons,  houses,  papers  and 
effects  against  unreasonable  searches  and  seizures  shall  not  be  violated; 
and  no  warrant  shall  issue  but  upon  probable  cause  supported  by  oath  or 
affirmation,  particularly  describing  the  place  to  be  searched,  and  the  per- 
son or  thing  to  be  seized. 

Sec.  15.  Freedom  of  speech  and  of  the  press.  UM.  No  law  shall  be 
passed  to  abridge  or  restrain  the  freedom  of  speech  or  of  the  press.  In 
all  criminal  prosecutions  for  libel  the  truth  may  be  given  in  evidence  to  the 
jury ;  and  if  it  shall  appear  to  the  jury  that  the  matter  charged  as  libelous 
is  true,  and  was  published  with  good  motives,  and  for  justifiable  ends,  the 
party  shall  be  aquitted ;  and  the  jury  shall  have  the  right  to  determine  the 
law  and  the  fact. 

Sec.  16.  Xo  imprisonment  for  debt.  Exception.  There  shall  be  no  im- 
prisonment for  debt  except  in  such  cases  of  absconding  debtors. 

Sec.  17.  Elections  to  be  free.  Soldiers  voting.  All  elections  shall  be  free, 
and  no  power,  civil  or  miliury,  shall  at  any  time  interfere  to  prevent  the 
free  exercise  of  the  right  of  suffrage.  Soldiers,  in  time  of  war,  may  vote 
at  their  post  of  duty,  in  or  out  of  the  State,  under  regulations  to  be  pre- 
scribed  by  law. 

Sec.  18.  Attainder.  Ex  post  facto  laws.  Impairing  contracts.  No  bill 
of  attainder,  ex  post  facto  law,  or  law  impairing  the  obligation  of  contracts 
shall  be  passed. 

Sec.  19.  Treason  defined.  Proof.  Treason  against  the  State  shall  con- 
sist only  in  levying  war  against  it,  or  in  adhering  to  its  enemies  or  in 
giving  them  aid  and  comfort.  No  person  shall  be  convicted  of  treason 
unless  on  the  testimony  of  two  witnesses  to  the  same  overt  act. 

Sec.  20.  Military  subordinate  to  the  ciznl power.  The  military  shall  be  in 
strict  subordination  to  the  civil  power,  and  no  soldier,  in  time  of  peace. 


152  CONSTITUTION   OF  UTAH 

shall  be  quartered  in  any  house  without  the  consent  of  the  owner ;  nor  in 
time  of  war  except  in  a  manner  to  be  prescribed  by  law. 

Sec.  21.  Slavery  forbidden.  Neither  slavery  nor  involuntary  servitude, 
except  as  a  punishment  for  crime,  whereof  the  party  shall  have  been  duly 
convicted,  shall  exist  within  this  State. 

Sec.  22.  Private  property  for  public  use.  Private  property  shall  not  be 
taken  or  damaged  for  public  use  without  just  compensation. 

Sec.  23.  Irrevocable  franchises  forbidden.  No  law  shall  be  passed  grant- 
ing irrevocably  any  franchise,  privilege  or  immunity. 

Sec.  24.  Uniform  operation  of  laws.  All  laws  of  a  general  nature  shall 
have  uniform  operation. 

Sec.  25.  Rights  retained  by  people.  This  enumeration  of  rights  shall  not 
be  construed  to  impair  or  deny  others  retained  by  the  people. 

Sec.  26.  Provisio?ts  mandatory  and  prohibitory.  The  provisions  of  this 
Constitution  are  mandatory  and  prohibitory,  unless  by  express  words  they 
are  declared  to  be  otherwise. 

Sec.  27.  Fundamental  rights.  Frequent  recurrence  to  fundamental  prin- 
ciples is  essential  to  the  security  of  individual  rights  and  the  perpetuity  of 
free  government. 

ARTICLE   II 

STATE    BOUNDARIES 

Section  1.  State  boundaries.  The  boundaries  of  the  State  of  Utah  shall 
be  as  follows  : 

Beginning  at  a  point  formed  by  the  intersection  of  the  thirty-second 
degree  of  longitude  west  from  Washington  with  the  thirty-seventh  degree 
of  north  latitude;  thence  due  west  along  said  thirty-seventh  degree  of 
north  latitude  to  the  intersection  of  the  same  with  the  thirty-seventh 
degree  of  longtitude  west  from  Washington ;  thence  due  north  along  said 
thirty-seventh  degree  of  west  longitude  to  the  intersection  of  the  same 
with  the  forty-second  degree  of  north  latitude ;  thence  due  east  along  said 
forty-second  degree  of  north  latitude  to  the  intersection  of  the  same  with 
the  thirty-fourth  degree  of  longitude  west  from  Washington ;  thence  due 
south  along  said  thirty-fourth  degree  of  west  longitude  to  the  intersection 
of  the  same  with  the  forty-first  degree  of  north  latitude ;  thence  due  east 
along  said  forty-first  degree  of  north  latitude  to  the  intersection  of  the 
same  with  the  thirty-second  degree  of  longitude  west  from  Washington  ; 
thence  due  south  along  said  thirty-second  degree  of  west  longitude  to  the 
place  of  beginning. 


CONSTITUTION  OF  UTAH 


ARTICLE  III 


ORDINANCE 


153 


The  following  ordinance  shall  be  irrevocable  without  the  consent  of  the 
United  States  and  the  people  of  this  State : 

Religious  toltration.  B>lygamy  forbidden.  First:  Perfect  toleration  of 
religious  sentiment  is  guaranteed.  No  inhabitant  of  this  State  shall  ever 
be  molested  in  person  or  property  on  account  of  his  or  her  mode  of 
religious  worship ;  but  polygamous  or  plural  marriages  are  forever  pro- 
hibited. 

Right  to  public  domain  disclaimed.  Taxation  of  lands.  Exemptions. 
Second :  The  people  inhabiting  this  State  do  affirm  and  declare  that 
they  forever  disclaim  all  right  and  title  to  the  unappropriated  public  lands 
lying  within  the  boundaries  hereof,  and  to  all  lands  lying  within  said  limits 
owned  or  held  by  any  Indian  or  Indian  tribes,  and  that  until  the  title 
thereto  shall  have  been  extinguished  by  the  United  States,  the  same  shall 
be  and  remain  subject  to  the  disposition  of  the  United  States,  and  said 
Indian  lands  shall  remain  under  the  absolute  jurisdiction  and  control  of  the 
(  ongress  of  the  United  States.  The  lands  belonging  to  citizens  of  the 
United  States,  residing  without  this  State  shall  never  be  taxed  at  a  higher 
rate  than  the  lands  belonging  to  residents  of  this  state ;  nor  shall  taxes  be 
imposed  by  this  State  on  lands  or  property  herein,  belonging  to  or  which 
may  hereafter  be  purchased  by  the  United  States  or  reserved  for  its  use ; 
but  nothing  in  this  ordinance  shall  preclude  this  State  from  taxing,  a|  other 
lands  are  taxed,  any  lands  owned  or  held  by  any  Indian  who  has  severed 
his  tribal  relations,  and  has  obtained  from  the  United  States  or  from  any 
person,  by  patent  or  other  grant,  a  title  thereto,  save  and  except  such 
lands  as  have  been  or  may  be  granted  to  any  Indian  or  Indians  under  any 
act  of  Congress,  containing  a  provision  exempting  the  lands  thus  granted 
from  taxation,  which  last  mentioned  lands  shall  be  exempt  from  taxation 
so  long,  and  to  such  extent,  as  is  or  may  be  provided  in  the  act  of  Congress 
granting  the  same. 

Territorial  debts  assumed.  Third  :  All  debts  and  liabilities  of  the  Terri- 
tory of  Utah,  incurred  by  authority  of  the  legislative  Assembly  thereof, 
are  hereby  assumed  and  shall  be  paid  by  this  State. 

Fire,  non-sectarian  schools.  Fourth  :  The  Legislature  shall  make  laws 
for  the  establishment  and  maintenance  of  a  system  of  public  schools,  which 
shall  be  open  to  all  the  children  of  the  State,  and  be  free  from  sectarian 
control 


154  CONSTITUTION  OF  UTAH 


ARTICLE   IV 

ELECTIONS    AND    RIGHT   OF    SUFFRAGE 

Section  1.  Equal  political  rights.  The  rights  of  citizens  of  the  State  of 
Utah  to  vote  and  hold  office  shall  not  be  denied  or  abridged  on  account  of 
sex.  Both  male  and  female  citizens  of  this  State  shall  enjoy  equally  all 
civil,  political  and  religious  rights  and  privileges. 

Sec.  2.  Qualifications  to  vote.  Every  citizen  of  the  United  States,  of  the 
age  of  twenty-one  years  and  upwards,  who  shall  have  been  a  citizen  for 
ninety  days,  and  shall  have  resided  in  the  State  or  Territory  one  year,  in 
the  county  four  months,  and  in  the  precinct  sixty  days  next  preceding  any 
election,  shall  be  entitled  to  vote  at  such  election  except  as  herein  other- 
wise provided. 

Sec.  3.  Electors :  immunity  from  arrest.  In  all  cases  except  those  of 
treason,  felony  or  breach  of  the  peace,  electors  shall  be  privileged  from 
arrest  on  the  days  of  election,  during  their  attendance  at  elections,  and 
going  to  and  returning  therefrom. 

Sec.  4.  Jd.  From  militia  duty.  No  elector  shall  be  obliged  to  perform 
mihtia  duty  on  the  day  of  election  except  in  time  of  war  or  public  danger. 

Sec.  5.  Electors  to  be  citizens  of  U.  S.  No  person  shall  be  deemed  a 
qualified  elector  of  this  State  unless  such  person  be  a  citizen  of  the  United 
States. 

Sec.  6.  Certain  criminals,  etc.,  ineligible  to  vote.  No  idiot,  insane  person 
or  person  convicted  of  treason,  or  crime  against  the  elective  franchise,  un- 
less restored  to  civil  rights,  shall  be  permitted  to  vote  at  any  election,  or  be 
eligible  to  hold  office  in  this  State. 

Sec.  7.  Property  qualificatiotis  forbidden,  7ohe?i.  Except  in'elections  levy- 
ing a  special  tax  or  creating  indebtedness,  no  property  qualification  shall 
be  required  for  any  person  to  vote  or  hold  office. 

Sec.  8.  Ballot  to  be  secret.  All  elections  shall  be  by  secret  ballot  Noth- 
ing in  this  section  shall  be  construed  to  prevent  the  use  of  any  machine  or 
mechanical  contrivance  for  the  purpose  of  receiving  and  registering  the 
votes  cast  at  any  election  :  Provided,  That  secrecy  in  voting  be  preserved. 

Sec.  9.  Ejections,  when  held.  Terms  begin,  ivhen.  All  general  elections, 
except  for  municipal  and  school  officers,  shall  be  held  on  the  Tuesday  next 
following  the  first  Monday  in  November  of  the  year  in  which  the  election 
is  held.  Special  elections  may  be  held  as  provided  by  law.  The  terms  of 
all  officers  elected  at  any  general  election  shall  commence  on  the  first 
Monday  in  January  next  following  the  date  of  their  election.  Municipal 
and  School  officers  shall  be  elected  at  such  time  as  may  be  provided  by  law. 


CONSTITUTION  OF  UTAH  155 

Sec.  10.  Oath  of  office.  All  officers  made  elective  or  appointive  by  this 
Constitution  or  by  the  laws  made  in  pursuance  thereof,  before  entering 
upon  the  duties  of  their  respective  offices,  shall  take  and  subscribe  the 
following  oath  or  affirmation  :  "  I  do  solemnly  swear  (or  affirm)  that  I  will 
support,  obey  and  defend  the  Constitution  of  the  United  States  and  the 
Constitution  of  this  State  and  that  I  will  discharge  the  duties  of  my  office 
with  fidelity." 

ARTICLE   V 

DISTRIBUTION    OF    POWERS 

Section  1.  Three  depart nienh  0/ government.  The  powers  of  the  govern- 
ment of  the  State  of  Utah  shall  be  divided  into  three  distinct  departments, 
the  legislative,  the  Executive,  and  the  Judicial ;  and  no  person  charged 
with  the  exercise  of  powers  properly  belonging  to  one  of  these  departments, 
shall  exercise  any  functions  appertaining  to  either  of  the  others,  except  in 
the  cases  herein  expressly  directed  or  permitted. 

ARTICLE   VI 

legislative  department 

Section  L  Ptnver  vested  in  senate  and  house.  The  legislative  power  of 
this  State  shall  be  vested  in  a  Senate  and  House  of  Representatives,  which 
shall  be  designated  The  legislature  of  the  State  of  Utah. 

Sec.  2.  lime  of  regular  sessions.  Regular  Sessions  of  the  Legislature 
shall  be  held  biennially  at  the  seat  of  government ;  and,  except  the  first 
session  thereof,  shall  begin  on  the  second  Monday  in  January  next  after 
the  election  of  members  of  the  House  of  Representatives. 

Sec.  3.  Members^  how  and  when  chosen.  The  members  of  the  House  of 
Representatives,  after  the  first  election,  shall  be  chosen  by  the  qualified 
electors  of  the  respective  representative  districts,  on  the  first  Tuesday  after 
the  first  Monday  in  November,  18%,  and  biennially  thereafter.  Their 
term  of  office  shall  be  two  years,  from  the  first  day  of  January  next  after 
their  election. 

Sec.  4.  Senators,  ho7v  and  -when  chosen.  The  senators  shall  be  chosen 
by  the  qualified  electors  of  the  respective  senatorial  districts,  at  the  same 
times  and  places  as  members  of  the  House  of  Representatives,  and  their 
term  of  office  shall  be  four  years  from  the  first  day  of  January  next  after 
their  election  :  Provided,  That  the  senators  elected  in  1896  shall  be  divided 
by  lot  into  two  classes  as  nearly  equal  as  may  be ;  seats  of  senators  of  the 
first  class  shall  be  vacated  at  the  expiration  of  two  years,  and  those  of  the 


156  CONSTITUTION  OF  UTAH 

second  class  at  the  expiration  of  four  years ;  so  that  one  half,  as  nearly  as 
possible,  shall  be  chosen  biennially  thereafter.  In  case  of  increase  in  the 
number  of  senators,  they  shall  be  annexed  by  lot  to  one  or  the  other  of  the 
two  classes,  so  as  to  keep  them  as  nearly  equal  as  practicable. 

Sec.  5.  Who  eligible  a^  legislator.  No  person  shall  be  eligible  to  the  office 
of  senator  or  representative,  who  is  not  a  citizen  of  the  United  States, 
twenty-five  years  of  age,  a  qualified  voter  in  the  district  from  which  he  is 
chosen,  a  resident  for  three  years  of  the  State,  and  for  one  year  of  the 
district  from  which  he  is  elected. 

Sec.  6.  Who  ineligible.  No  person  holding  any  public  office  of  profit  or 
trust  under  authority  of  the  United  States,  or  of  this  State,  shall  be  a  mem- 
ber of  the  Legislature  :  Provided,  That  appointments  in  the  State  Militia, 
and  the  offices  of  notary  public,  justice  of  the  peace.  United  States  com- 
missioner, and  postmaster  of  the  fourth  class,  shall  not,  within  the  meaning 
of  this  section,  be  considered  offices  of  profit  or  trust. 

Sec.  7.  Jneligibility  of  member  to  office  created,  etc.  No  member  of  the 
Legislature,  during  the  term  for  which  he  was  elected,  shall  be  appointed 
or  elected  to  any  civil  office  of  profit  under  this  State,  which  shall  have 
been  created,  or  the  emoluments  of  which  shall  have  been  increased,  during 
the  term  for  which  he  was  elected. 

Sec.  8.  Privilege  from  arrest.  Members  of  the  Legislature,  in  all  cases 
except  treason,  felony  or  breach  of  the  peace,  shall  be  privileged  from  arrest 
during  each  session  of  the  Legislature,  for  fifteen  days  next  preceding  each 
session,  and  in  returning  therefrom  ;  and  for  words  used  in  any  speech  or 
debate  in  either  house,  they  shall  not  be  questioned  in  any  other  place. 

Sec.  9.  Co7npensation  of  members.  The  members  of  the  Legislature 
shall  receive  such  per  diem  and  mileage  as  the  Legislature  may  provide, 
not  exceeding  four  dollars  per  day,  and  ten  cents  per  mile  for  the  distance 
necessarily  traveled  going  to  and  returning  from  the  place  of  meeting  on 
the  most  usual  route,  and  they  shall  receive  no  other  pay  or  perquisite. 

Sec.  10.  Each  house  to  judge  of  election,  etc.,  of  its  members.  Expulsion. 
Each  house  shall  be  the  judge  of  the  election  and  qualifications  of  its 
members,  and  may  punish  them  for  disorderly  conduct,  and  with  the  concur- 
rence of  two-thirds  of  all  the  members  elected,  expel  a  member  for  cause. 

Sec.  11.  Alajority  is  quorum.  Attendance  compelled.  A  majority  of  the 
members  of  each  house  shall  constitute  a  quorum  to  transact  business,  but 
a  smaller  number  may  adjourn  from  day  to  day,  and  may  compel  the  at- 
tendance of  absent  members  in  such  manner  and  under  such  penalties  as 
each  house  may  prescribe. 

Sec.  12.  Pules.  Choosing  officers.  Each  house  shall  determine  the  rules 
of  its  proceedings,  and  choose  its  own  officers  and  employes. 


CONSTITUTION  OF  UTAH  157 

Sec.  13.  Elections  to  fill  vacancies.  The  Governor  shall  issue  writs  of 
election  to  fill  vacancies  that  may  occur  in  either  house  of  the  legislature. 

Sec.  14.  Journals.  Yeas  and  nays.  Each  house  shall  keep  a  journal  of 
its  proceedings,  which,  except  in  case  of  executive  sessions,  shall  be  pub- 
lished, and  the  yeas  and  nays  on  any  question,  at  the  request  of  five  mem- 
bers of  such  house,  shall  be  entered  upon  the  journal. 

Sec.  15.  Sessions  to  be  public.  Adjournments.  All  sessions  of  the  Legis- 
lature, except  those  of  the  Senate  while  sitting  in  executive  session,  shall 
be  public ;  and  neither  house,  without  the  consent  of  the  other,  shall  ad- 
journ for  more  than  three  days,  nor  to  any  other  place  than  that  in  which 
it  may  be  holding  session. 

Sec.  16.  Duration  of  sessions.  No  regular  session  of  the  Legislature 
(except  the  first,  which  may  sit  ninety  days)  shall  exceed  sixty  days,  except 
in  cases  of  impeachment  No  special  session  shall  exceed  thirty  days, 
and  in  such  special  session,  or  when  a  regular  session  of  the  legislature 
trying  cases  of  impeachment  exceeds  sixty  days,  the  members  shall  receive 
for  compensation  only  the  usual  per  diem  and  mileage. 

Sec.  17.  Impeachment  by  house.  The  House  of  Representatives  shall 
have  the  sole  power  of  impeachment,  but  in  order  to  impeach,  two-thirds 
of  all  the  members  elected  must  vote  therefor. 

Sec.  18.  Id.  Trial  by  senate.  All  impeachments  shall  be  tried  by  the 
Senate,  and  Senators,  when  sitting  for  that  purpose,  shall  take  oath  or 
make  affirmation  to  do  justice  according  to  the  law  and  the  evidence. 
When  the  Governor  is  on  trial,  the  chief  Justice  of  the  Supreme  Court 
shall  preside.  No  person  shall  be  convicted  without  the  concurrence  of 
two-thirds  of  the  senators  elected. 

Sec.  19.  Id.  Judgment.  Prosecution  by  law.  The  Governor  and  other 
State  and  Judicial  officers,  except  justices  of  the  peace,  shall  be  liable  to 
impeachment  for  high  crimes,  misdemeanors,  or  malfeasance  in  office; 
but  judgment  in  such  cases  shall  extend  only  to  removal  from  office,  and 
disqualification  to  hold  any  office  of  honor,  trust,  or  profit  in  the  State. 
The  party,  whether  convicted  or  acquitted,  shall,  nevertheless,  be  liable  to 
prosecution,  trial,  and  punishment  according  to  law. 

Sec.  20.  Id.  Setznce  of  articles.  No  person  shall  be  tried  on  impeach- 
ment, unless  he  shall  have  been  served  with  a  copy  of  the  articles  thereof, 
at  least  ten  days  before  the  trial,  and  after  such  service  he  shall  not  exer- 
cise the  duties  of  his  office  until  he  shall  have  been  acquitted. 

Sec.  21.  Removal  of  oncers.  All  officers  not  liable  to  impeachment 
shall  be  removed  for  any  of  the  offenses  specified  in  this  article,  in  such 
manner  as  may  be  provided  by  law. 

Sec.  22.    Enacting  clause.     Passage  and  amendments  of  law.     The  enact- 


158  CONSTITUTION  OF  UTAH 

ing  clause  of  every  law  shall  be  :  "  Be  it  enacted  by  the  Legislature  of  the 
State  of  Utah,"  and  no  bill  or  joint  resolution  shall  be  passed,  except  with 
the  assent  of  a  majority  of  all  the  members  elected  to  each  house  of  the 
Legislature  and  after  it  has  been  read  three  times.  The  vote  upon  the 
final  passage  of  all  bills  shall  be  by  yeas  and  nays ;  and  no  law  shall  be  re- 
vised or  amended  by  reference  to  its  title  only ;  but  the  act  as  revised,  or 
section  as  amended,  shall  be  reenacted  and  published  at  length. 

Sec.  23.  Bill  to  contain  only  one  subject.  Except  general  appropriation 
bills,  and  bills  for  the  codification  and  general  revision  of  laws,  no  bill 
shall  be  passed  containing  more  than  one  subject,  which  shall  be  clearly 
expressed  in  its  title. 

Sec.  24.  Presiding  officers  to  sign  bills.  The  presiding  officer  of  each 
house,  in  the  presence  of  the  house  over  which  he  presides,  shall  sign  all 
bills  and  joint  resolutions  passed  by  the  Legislature,  after  their  titles  have 
been  publicly  read  immediately  before  signing,  and  the  fact  of  such  sign- 
ing shall  be  entered  upon  the  journal. 

Sec.  25.  When  acts  take  effect.  All  acts  shall  be  officially  published,  and 
no  act  shall  take  effect  until  so  published,  nor  until  sixty  days  after  the 
adjournment  of  the  session  at  which  it  passed,  unless  the  Legislature  by  a 
vote  of  two-thirds  of  all  the  members  elected  to  each  house,  shall  other- 
wise direct 

Sec.  26.  Enumeration  of  private  laws  forbidden.  The  Legislature  is  pro- 
hibited from  enacting  any  private  or  special  laws  in  the  following  cases : 

1.  Granting  divorce. 

2.  Changing  the  names  of  persons  or  places,  or  constituting  one  per- 
son the  heir-at-law  of  another. 

3.  Locating  or  changing  county  seats. 

4.  Regulating  the  jurisdiction  and  duties  of  Justices  of  the  Peace. 

5.  Punishing  crimes  and  misdemeanors. 

6.  Regulating  the  practice  of  courts  of  justice. 

7.  Providing  for  a  change  of  venue  in  civil  or  criminal  actions. 

8.  Assessing  and  collecting  taxes. 

9.  Regulating  the  interest  on  money. 

10.  Changing  the  law  of  descent  or  succession. 

11.  Regulating  county  and  township  affairs. 

12.  Incorporating  cities,  towns,  or  villages ;  changing  or  amending  the 
charter  of  any  city,  town,  or  village  ;  laying  out,  opening,  vacating  or  alter- 
ing town  plats,  highways,  streets,  wards,  alleys,  or  public  grounds. 

13.  Providing  for  sale  or  mortgage  of  real  estate  belonging  to  minors 
or  others  under  disability. 

14.  Authorizing  persons  to  keep  ferries  across  streams  within  the  State. 


CONSTITUTION  OF  UTAH  159 

15.  Remitting  fines,  penalties,  or  forfeitures. 

16.  Granting  to  an  individual,  association  or  corporation  any  privilege, 
immunity  or  franchise. 

17.  Providing  for  the  management  of  common  schools. 

18.  Creating,  increasing  or  decreasing  fees,  percentages  or  allowances 
of  public  officers  during  the  term  for  which  said  officers  are  elected  or 
appointed. 

The  legislature  may  repeal  any  existing  special  law  relating  to  the  fore- 
going subdivisions. 

In  all  cases  where  a  general  law  can  be  applicable,  no  special  law  shall 
be  enacted. 

Nothing  in  this  section  shall  be  construed  to  deny  or  restrict  the  power 
of  the  legislature  to  establish  and  regulate  the  compensation  and  fees  of 
county  and  township  officers ;  to  establish  and  regulate  the  rates  of  freight, 
passage,  toll  and  charges  of  railroads,  toll  roads,  ditch,  flume  and  tunnel 
companies,  incorporated  under  the  laws  of  the  State  or  doing  business 
therein. 

Sec.  27.  Legislature  cannot  release  certain  debts.  The  Legislature  shall 
have  no  power  to  release  or  extinguish,  in  whole  or  in  part,  the  indebted- 
ness, liability  or  obligation  of  any  corporation  or  person  to  the  State,  or  to 
any  municipal  corporation  therein. 

Sec.  28.  Lotteries  forbidden.  The  legislature  shall  not  authorize  any 
game  of  chance,  lottery  or  gift  enterprise  under  any  pretense  or  for 
any  purpose. 

Sec.  39.  Municipal  powers  not  to  be  delegated.  The  Legislature  shall  not 
delegate  to  any  special  commission,  private  corporation  or  association,  any 
power  to  make,  supervise  or  interfere  with  any  municipal  improvement, 
money,  property  or  effects,  whether  held  in  trust  or  otherwise,  to  levy 
taxes,  to  select  a  capitol  site,  or  to  perform  any  municipal  functions. 

Sec.  30.  Extra  compensation  to  officers  and  contractors  forbidden.  The 
legislature  shall  have  no  power  to  grant,  or  authorize  any  county  or  mu- 
nicipal authority  to  grant,  any  extra  compensation,  fee  or  allowance  to  any 
public  officer,  agent,  ser\'ant  or  contractor,  after  service  has  been  rendered 
or  a  contract  has  been  entered  into  and  performed  in  whole  or  in  part,  nor 
pay  or  authorize  the  payment  of  any  claim  hereafter  created  against  the 
State,  or  any  county  or  municipality  of  the  State,  under  any  agreement  or 
contract  made  without  authority  of  law :  Provided,  That  this  section  shall 
not  apply  to  claims  incurred  by  public  officers  in  the  execution  of  the  laws 
of  the  State. 

Sec.  31.  Lending  public  credit  forbidden.  The  Legislature  shall  not 
authorize  the  State,  or  any  county,  city,  town,  township,  district  or  other 


i6o  CONSTITUTION  OF  UTAH 

political  subdivision  of  the  State  to  lend  its  credit  or  subscribe  to  stock  or 
bonds  in  aid  of  any  railroad,  telegraph  or  other  private  individual  or  cor- 
porate enterprise  or  undertaking. 

ARTICLE   VII 

EXECUTIVE 

Section  1.  Executive  department.  Terms,  residence,  and  duties  of  officers. 
The  Executive  Department  shall  consist  of  Governor,  Secretary  of  State, 
State  Auditor,  State  Treasurer,  Attorney-General,  and  Superintendent  of 
Public  Instruction,  each  of  whom  shall  hold  his  office  for  four  years,  begin- 
ning on  the  first  Monday  of  January  next  after  his  election,  except  that 
the  terms  of  office  of  those  elected  at  the  first  election  shall  begin  when  the 
State  shall  be  admitted  into  the  Union,  and  shall  end  on  the  first  Monday 
in  January,  A.D.,  1901.  The  officers  of  the  Executive  Department,  dur- 
ing their  terms  of  office,  shall  reside  at  the  seat  of  government,  where  they 
shall  keep  the  public  records,  books  and  papers.  They  shall  perform  such 
duties  as  are  prescribed  by  this  Constitution  and  as  may  be  prescribed  by  law. 

Sec.  2.  Election.  Tie,  legislature  to  elect.  The  officers  provided  for  in 
section  one  of  this  article,  shall  be  elected  by  the  qualified  electors  of  the 
State  at  the  time  and  place  of  voting  for  members  of  the  Legislature,  and 
the  persons  respectively  having  the  highest  number  of  votes  cast  for  the 
office  voted  for  shall  be  elected ;  but  if  two  or  more  shall  have  an  equal 
and  the  highest  number  of  votes  for  any  one  of  said  offices,  the  two  houses 
of  the  Legislature,  at  its  next  regular  session,  shall  elect  forthwith  by  joint 
ballot  one  of  such  persons  for  said  office. 

Sec.  3.  Qualifications  of  governor,  etc.  No  person  shall  be  eligible  to 
the  office  of  Governor  or  Secretary  of  State  unless  he  shall  have  attained 
the  age  of  thirty  years  at  the  time  of  his  election,  nor  to  the  office  of 
Attorney-General  unless  he  shall  have  attained  the  age  of  twenty-five 
years  at  the  time  of  his  election,  and  have  been  admitted  to  practice  in  the 
Supreme  Court  of  the  Territory  or  of  the  State  of  Utah,  nor  unless  he 
shall  be  in  good  standing  at  the  bar  at  the  time  of  his  election.  No  person 
shall  be  eligible  to  any  of  the  offices  provided  for  in  section  one  of  this 
article,  unless  at  the  time  of  his  election  he  shall  be  a  qualified  elector, 
and  shall  have  been  a  resident  citizen  of  the  State  or  Territory  for  five 
years  next  preceding  his  election.  The  State  Auditor  and  State  Treasurer 
shall  be  inehgible  to  election  as  their  own  successors. 

Sec.  4.  Governor  commander  in  chief  The  Governor  shall  be  Com- 
mander in  Chief  of  the  military  forces  of  the  State,  except  when  they  shall 


CONSTITUTION  OF  UTAH  l6l 

be  called  into  the  service  of  the  United  States.  He  shall  have  power  to 
call  out  the  militia  to  execute  the  laws,  to  suppress  insurrection,  or  to  repel 
invasion. 

Sec.  5.  Duties  of  gmemor.  The  Governor  shall  see  that  the  laws  are 
faithfully  executed;  he  shall  transact  all  executive  business  with  the 
officers  of  the  government,  civil  and  military,  and  may  require  information 
in  writing  from  the  officers  of  the  Executive  Department,  and  from  the 
officers  and  managers  of  State  Institutions  upon  any  subject  relating  to  the 
condition,  management,  and  expenses  of  their  respective  offices  and  insti- 
tutions, and  at  any  time  when  the  Legislative  Assembly  is  not  in  session, 
may,  if  he  deem  it  necessary,  appoint  a  committee  to  investigate  and 
report  to  him  upon  the  condition  of  any  executive  oflfice  or  State  Institu- 
tion. He  shall  communicate  by  message  the  condition  of  the  State  to  the 
legislature  at  every  regular  session,  and  recommend  such  measures  as  he 
may  deem  expedient 

Sec.  6.  Id.  May  coni^tne  extra  session.  On  extraordinary  occasions, 
the  Governor  may  convene  the  legislature  by  proclamation,  in  which  shall 
be  stated  the  purpose  for  which  the  Legislature  is  to  be  convened,  and  it 
shall  transact  no  legislative  business  except  that  for  which  it  was  especially 
convened,  or  such  other  legislative  business  as  the  Governor  may  call  to 
its  attention  while  in  session.  The  legislature,  however,  may  provide  for 
the  expenses  of  the  session  and  other  matters  incidental  thereto.  The 
Governor  may  also  by  proclamation  convene  the  Senate  in  extraordinary 
session  for  the  transaction  of  executive  business. 

Sec.  7.  Id.  May  adjourn  Ugislature^  when.  In  case  of  a  disagreement 
between  the  two  houses  of  the  Legislature  at  any  special  session,  with 
respect  to  the  time  of  adjournment,  the  Governor  shall  have  power  to 
adjourn  the  Legislature  to  such  time  as  he  may  think  proper:  Provided 
it  be  not  beyond  the  time  fixed  for  the  convening  of  the  next  Legisla- 
ture. 

Sec.  8.  Bills  presented  to  goi-emor.  Veto.  Appropriation  bills.  Every 
bill  passed  by  the  Legislature,  before  it  becomes  a  law,  shall  be  presented 
to  the  Governor;  if  he  approve,  he  shall  sign  it,  and  thereupon  it  shall 
become  a  law ;  but  if  he  do  not  approve,  he  shall  return  it  with  his  objec- 
tions to  the  house  in  which  it  originated,  which  house  shall  enter  the  ob- 
jections at  large  upon  its  journal  and  proceed  to  reconsider  the  bill.  If, 
after  such  reconsideration,  it  again  passes  both  houses  by  a  yea  and  nay 
vote  of  two-thirds  of  the  members  elected  to  each  house,  it  shall  become 
a  law,  notwithstanding  the  Governor's  objections.  If  any  bill  be  not  re- 
turned within  five  days  after  it  shall  have  been  presented  to  him  (Sunday, 
and  the  day  on  which  he  received  it  excepted),  the  same  shall  be  a  law  in 


1 62  CONSTITUTION  OF  UTAH 

like  manner  as  if  he  had  signed  it,  unless  the  Legislature  by  its  final  ad- 
journment prevent  such  return,  in  which  case  it  shall  be  filed  with  his 
objections  in  the  office  of  the  Secretary  of  State  within  ten  days  after 
such  adjournment  (Sundays  excepted)  or  become  a  law.  If  any  bill  pre- 
sented to  the  Governor  contain  several  items  of  appropriations  of  money, 
he  may  object  to  one  or  more  such  items,  while  approving  other  portions 
of  the  bill ;  in  such  case  he  shall  append  to  the  bill  at  the  time  of  signing 
it,  a  statement  of  the  item  or  items  which  he  declines  to  approve,  together 
with  his  reasons  therefor,  and  such  item  or  items  shall  not  take  effect  un- 
less passed  over  the  Governor's  objection  as  in  this  section  provided. 

Sec.  9.  Governor  may  fill  certain  vacancies.  When  any  State  or  district 
office  shall  become  vacant,  and  no  mode  is  provided  by  the  Constitution 
and  laws  for  filling  such  vacancy,  the  Governor  shall  have  the  power  to 
fill  the  same  by  granting  a  commission,  which  shall  expire  at  the  next 
election,  and  upon  qualification  of  the  person  elected  to  such  office. 

Sec.  10.  Governor' s  appoiritive  power.  Vacancies.  The  Governor  shall 
nominate,  and  by  and  with  the  consent  of  the  Senate,  appoint  all  State 
and  district  officers  whose  offices  are  established  by  this  Constitution,  or 
which  may  be  created  by  law,  and  whose  appointment  or  election  is  not 
otherwise  provided  for.  If,  during  the  recess  of  the  Senate,  a  vacancy 
occur  in  any  State  or  district  office,  the  Governor  shall  appoint  some  fit 
person  to  discharge  the  duties  thereof  until  the  next  meeting  of  the 
Senate,  when  he  shall  nominate  some  person  to  fill  such  office.  If  the 
office  of  justice  of  the  supreme  or  district  court.  Secretary  of  State,  State 
Auditor,  State  Treasurer,  Attorney-General  or  Superintendent  of  Public 
Instruction  be  vacated  by  death,  resignation  or  otherwise,  it  shall  be  the 
duty  of  the  Governor  to  fill  the  same  by  appointment,  and  the  appointee 
shall  hold  his  office  until  his  successor  shall  be  elected  and  qualified,  as 
may  be  by  law  provided. 

Sec.  11.  Vacancy  in  office  of  governor.  In  case  of  the  death  of  the  Gov- 
ernor, or  his  impeachment,  removal  from  office,  inability  to  discharge  the 
duties  of  his  office,  resignation,  or  absence  from  the  State,  the  powers  and 
duties  of  said  office  shall  devolve  upon  the  Secretary  of  State,  until  the 
disability  shall  cease,  or  until  the  next  general  election,  when  the  vacancy 
shall  be  filled  by  election.  If,  during  a  vacancy  in  the  office  of  Governor, 
the  Secretary  of  State  resign,  die  or  become  incapable  of  performing  the 
duties  of  the  office,  or  be  displaced,  or  be  absent  from  the  State,  the 
President /n?  tempore  of  the  Senate  shall  act  as  Governor  until  the  vacancy 
be  filled  or  the  disability  cease.  While  performing  the  duties  of  the  Gov- 
ernor as  in  this  section  provided,  the  Secretary  of  State,  or  the  President 
pro  tempore  of  the  Senate,  as  the  case  may  be,  except  in  cases  of  temporary 


CONSTITUTION  OF   UTAH  163 

disability,  or  absence  from  the  State,  shall  be  entitled  to  the  salary  and 
emoluments  of  the  Governor. 

Sec.  12.  Board  of  pardons.  Respites  and  rtprici'es.  Until  otherwise  pro- 
vided by  law,  the  Governor,  justices  of  the  Supreme  Court  and  Attorney- 
General  shall  constitute  a  Board  of  Pardons,  a  majority  of  whom,  includ- 
ing the  Governor,  upon  such  conditions,  and  with  such  limitations  and 
restrictions  as  they  deem  proper,  may  remit  fines  and  forfeitures,  commute 
punishments,  and  grant  pardons  after  convictions,  in  all  cases  except 
treason  and  impeachments,  subject  to  such  regulations  as  may  be  provided 
by  law,  relative  to  the  manner  of  applying  for  pardons ;  but  no  fine  or  for- 
feiture shall  be  remitted,  and  no  commutation  or  pardon  granted,  except 
after  a  full  hearing  before  the  Hoard,  in  open  session,  after  previous  notice 
of  the  time  and  place  of  such  hearing  has  been  given.  The  proceedings 
and  decisions  of  the  Hoard,  with  the  reasons  therefor  in  each  case,  to- 
gether with  the  dissent  of  any  member  who  may  disagree,  shall  be  reduced 
to  writing,  and  filed,  with  all  papers  used  upon  the  hearing,  in  the  office  of 
the  Secretary  of  State. 

The  Governor  shall  have  power  to  grant  respites  or  reprieves  in  all 
cases  of  convictions  for  offenses  against  the  State,  except  treason  or  con- 
viction on  impeachment ;  but  such  respites  or  reprieves  shall  not  extend 
beyond  the  next  session  of  the  Board  of  Tardons ;  and  such  Board,  at  such 
session,  shall  continue  or  determine  such  respite  or  reprieve,  or  they  may 
commute  the  punishment,  or  pardon  the  offense  as  herein  provided.  In 
case  of  conviction  for  treason,  the  Governor  shall  have  the  power  to  sus- 
pend execution  of  the  sentence,  until  the  case  shall  be  reported  to  the 
legislature  at  its  next  regular  session,  when  the  Legislature  shall  either 
pardon,  or  commute  the  sentence,  or  direct  its  execution ;  he  shall  com- 
municate to  the  Legislature  at  each  regular  session,  each  case  of  remission 
of  fine  or  forfeiture,  reprieve,  commutation  or  pardon  granted  since  the 
last  previous  report,  stating  the  name  of  the  convict^  the  crime  for  which 
he  was  convicted,  the  sentence  and  its  date,  the  date  of  remission,  com- 
mutation, pardon,  or  reprieve,  with  the  reasons  for  granting  the  same,  and 
the  objections,  if  any,  of  any  member  of  the  Board  made  thereto. 

Sec.  13.  State  prison  commissioners.  Beard  of  examiners.  Until  other- 
wise provided  by  law,  the  Governor,  Secretary  of  State,  and  Attorney- 
General  shall  constitute  a  Board  of  State  Prison  Commissioners,  which 
Board  shall  have  such  supervision  of  all  matters  connected  with  the  State 
Prison  as  may  be  provided  by  law.  They  shall,  also,  constitute  a  Board 
of  Examiners,  with  power  to  examine  all  claims  against  the  State  except 
salaries  or  compensation  of  officers  fixed  by  law,  and  perform  such  other 
duties  as  may  be  prescribed  by  law ;  and  no  claim  against  the  State,  except 


1 64  CONSTITUTION  OF  UTAH 

for  salaries  and  compensation  of  officers  fixed  by  law,  shall  be  passed  upon 
by  the  Legislature  without  having  been  considered  and  acted  upon  by  the 
said  Board  of  Examiners. 

Sec.  14.  Insane  asylum  commissioners.  Until  otherwise  provided  by 
law,  the  Governor,  State  Treasurer,  and  State  Auditor  shall  constitute  a 
Board  of  Insane  Asylum  Commissioners.  Said  Board  shall  have  such 
supervision  of  all  matters  connected  with  the  State  Insane  Asylum  as 
may  be  provided  by  law. 

Sec.  15.  Reform  School  Commissioners.  Until  otherwise  provided  by 
law,  the  Governor,  Attorney-General  and  Superintendent  of  Public  Instruc- 
tion shall  constitute  a  Board  of  Reform  School  Commissioners.  Said 
Board  shall  have  such  supervision  of  all  matters  connected  with  the  State 
Reform  School  as  may  be  provided  by  law. 

Sec.  16.  Duties  of  secretary  of  state.  The  Secretary  of  State  shall  keep 
a  record  of  the  official  acts  of  the  Legislature  and  Executive  Department 
of  the  State,  and,  when  required,  shall  lay  the  same  and  all  matters  relative 
thereto  before  either  branch  of  the  Legislature,  and  shall  perform  such 
other  duties  as  may  be  provided  by  law. 

Sec.  17.  Duties  of  auditor.  The  Auditor  shall  be  Auditor  of  Public 
Accounts,  and  the  Treasurer  shall  be  the  custodian  of  public  moneys,  and 
each  shall  perform  such  other  duties  as  may  be  provided  by  law. 

Sec.  18.  Duties  of  attorney-general.  The  Attorney-General  shall  be  the 
legal  adviser  of  the  State  Officers,  and  shall  perform  such  other  duties  as 
may  be  provided  by  law. 

Sec.  19.  Superintejident  of  public  instruction.  The  Superintendent  of 
Public  Instruction  shall  perform  such  duties  as  may  be  provided  by  law. 

Sec.  20.  Compensation  of  state  officers.  The  Governor,  Secretary  of 
State,  Auditor,  Treasurer,  Attorney-General,  Superintendent  of  Public 
Instruction  and  such  other  State  and  district  officers  as  may  be  provided 
for  by  law,  shall  receive  for  their  services  quarterly,  a  compensation  as 
fixed  by  law,  which  shall  not  be  diminished  or  increased  so  as  to  affect  the 
salary  of  any  officer  during  his  term,  or  the  term  next  ensuing  after  the 
adoption  of  this  Constitution,  unless  a  vacancy  occur,  in  which  case 
the  successor  of  the  former  incumbent  shall  receive  only  such  salary  as 
may  be  provided  by  law  at  the  time  of  his  election  or  appointment.  The 
compensation  of  the  officers  provided  for  by  this  article,  until  otherwise 
provided  by  law,  is  fixed  as  follows  : 

Governor,  Two  Thousand  Dollars  per  annum. 

Secretary  of  State,  Two  Thousand  Dollars  per  annum. 

State  Auditor,  Fifteen  Hundred  Dollars  per  annum. 

State  Treasurer,  One  Thousand  Dollars  per  annum. 


CONSTITUTION  OF  UTAH  165 

Attorney-General,  Fifteen  Hundred  Dollars  per  annum. 

Superintendent  of  Public  Instruction,  Fifteen  Hundred  Dollars  per 
annum. 

The  compensation  for  said  officers  as  prescribed  in  this  section,  and  in 
all  laws  enacted  pursuant  to  this  Constitution,  shall  be  in  full  for  all  serv- 
ices rendered  by  said  officers,  respectively,  in  any  official  capacity  or 
employment  during  their  respective  terms  of  office.  No  such  officer  shall 
receive  for  the  performance  of  any  official  duty  any  fee  for  his  own  use, 
but  all  fees  fixed  by  law  for  the  performance  by  either  of  them  of  any 
official  duty,  shall  be  collected  in  advance  and  deposited  with  the  State 
Treasurer  quarterly  to  the  credit  of  the  State.  The  Legislature  may  pro- 
vide for  the  payment  of  actual  and  necessary  expenses  of  said  officers 
while  traveling  in  the  State  in  the  performance  of  official  duty. 

Sec.  21.  Grants  and  Commisswns.  All  grants  *  and  commissions  shall 
be  in  the  name  and  by  the  authority  of  the  State  of  Utah,  sealed  with  the 
Great  Seal  of  the  State,  signed  by  the  Governor,  and  countersigned  by  the 
Secretary  of  State. 

Sec.  22.  The  Great  Seal.  There  shall  be  a  seal  of  the  Sute,  which 
shall  be  kept  by  the  Secretary  of  State,  and  used  by  him  officially.  Said 
seal  shall  be  called  **  The  Great  Seal  of  the  State  of  Utah."  The  present 
seal  of  the  Territory  of  Utah  shall  be  the  seal  of  the  State  until  otherwise 
provided  by  law. 

Sec.  23.  if.  S.  officials  ineligible.  Governor  not  eligible  for  senate.  No 
person,  while  holding  any  office  under  the  United  States'  government, 
shall  hold  any  office  under  the  State  Government  of  Utah,  and  the  Gov- 
ernor shall  not  be  eligible  for  election  to  the  Senate  of  the  United  States 
during  the  term  for  which  he  shall  have  been  elected  Governor. 

ARTICLE   VIII 

JUDICIAL    DEPARTMENT 

Section  1.  Judicial pc^vers^  how  vested.  The  Judicial  power  of  the  State 
shall  be  vested  in  the  Senate  sitting  as  a  court  of  impeachment,  in  a 
supreme  court,  in  district  courts,  in  justices  of  the  peace,  and  such  other 
courts  inferior  to  the  Supreme  Court  as  may  be  established  by  law. 

Sec.  2.  Supreme  courts  haiv  constituted.  Terms.  The  Supreme  Court 
shall  consist  of  three  judges ;  but  after  the  year  a.d.  1905,  the  Legisla- 
ture may  increase  the  number  thereof  to  five.  A  majority  of  the  judges 
.constituting  the  court  shall  be  necessary  to  form  a  quorum  or  render  a 
decision.     If  a  justice  of  the  Supreme  Court  shall  be  disqualified  from  sit- 


1 66  CONSTITUTION  OF  UTAH 

ting  in  a  cause  before  said  court,  the  remaining  judges  shall  call  a  district 
judge  to  sit  with  them  on  the  hearing  of  such  cause.  The  Judges  of  the 
Supreme  Court  shall  be  elected  by  the  electors  of  the  State  at  large.  The 
term  of  office  of  the  Judges  of  the  Supreme  Court,  excepting  as  in  this 
article  otherwise  provided,  shall  be  six  years.  The  Judges  of  the  Supreme 
Court,  immediately  after  the  first  election  under  this  Constitution,  shall  be 
selected  by  lot,  so  that  one  shall  hold  office  for  the  term  of  three  years, 
one  for  the  term  of  five  years,  and  one  for  the  term  of  seven  years.  The 
lots  shall  be  drawn  by  the  Judges  of  the  Supreme  Court,  who,  for  that  pur- 
pose, shall  assemble  at  the  seat  of  government ;  and  they  shall  cause  the 
result  thereof  to  be  certified  by  the  Secretary  of  State,  and  filed  in  his 
office.  The  judge  having  the  shortest  term  to  serve,  not  holding  his  office 
by  appointment  or  election  to  fill  a  vacancy,  shall  be  the  Chief  Justice, 
and  shall  preside  at  all  terms  of  the  Supreme  Court,  and  in  case  of  his 
absence,  the  judge,  having  in  Uke  manner,  the  next  shortest  term,  shall 
preside  in  his  stead. 

Sec.  3.  Id.  Qualificatiojis  of  judges.  Every  Judge  of  the  Supreme 
Court  shall  be  at  least  thirty  years  of  age,  and,  before  his  election,  shall 
be  a  member  of  the  bar,  learned  in  the  law,  and  a  resident  of  the  Territory 
or  State  of  Utah  for  five  years  next  preceding  his  election. 

Sec.  4.  Id.  Jurisdiction.  Terms.  The  Supreme  Court  shall  have 
original  jurisdiction  to  issue  writs  of  mandamus,  certiorari,  prohibition,  quo 
warranto  and  habeas  corpus.  Each  of  the  justices  shall  have  power  to 
issue  writs  of  habeas  corpus,  to  any  part  of  the  State,  upon  petition  by  or 
on  behalf  of  any  person  held  in  actual  custody,  and  may  make  such  writs 
returnable  before  himself  or  the  Supreme  Court,  or  before  any  district 
court  or  judge  thereof  in  the  State.  In  other  cases  the  Supreme  Court 
shall  have  appellate  jurisdiction  only,  and  power  to  issue  writs  necessary 
and  proper  for  the  exercise  of  that  jurisdiction.  The  Supreme  Court  shall 
hold  at  least  three  terms  every  year,  and  shall  sit  at  the  capital  of  the  State. 

Sec.  5.  District  courts,  how  constituted.  Terms.  Jurisdiction.  Judge  pro 
tempore.  The  State  shall  be  divided  into  seven  judicial  districts,  for  each 
of  which,  at  least  one,  and  not  exceeding  three  judges,  shall  be  chosen  by 
the  qualified  electors  thereof.  The  term  of  office  of  the  district  judges 
shall  be  four  years.  Except  that  the  District  Judges  elected  at  the  first 
election  shall  serve  until  the  first  Monday  in  January,  a.  D.  1901,  and  until 
their  successors  shall  have  qualified.  Until  otherwise  provided  by  law, 
a  district  court  at  the  county  seat  of  each  county  shall  be  held  at  least 
four  times  a  year.  All  civil  and  criminal  business  arising  in  any  county, 
must  be  tried  in  such  county,  unless  a  change  of  venue  be  taken,  in  such 
cases  as  may  be  provided  by  law.     Each  judge  of  a  District  Court  shall  be 


I 


CONSTITUTION  OF  UTAH  1 67 

at  least  twenty-five  years  of  age,  a  member  of  the  bar,  learned  in  the  law, 
a  resident  of  the  Territory  or  State  of  Utah  three  years  next  preceding 
his  election,  and  shall  reside  in  the  district  for  which  he  shall  be  elected. 
Any  District  Judge  may  hold  a  court  in  any  county  at  the  request  of  the 
judge  of  the  district,  and  upon  a  request  of  the  Governor,  it  shall  be  his 
duty  to  do  so.  Any  cause  in  the  District  Court  may  be  tried  by  a  judge 
pro  tempore,  who  must  be  a  member  of  the  bar,  sworn  to  try  the  cause,  and 
agreed  upon  by  the  parties,  or  their  attorneys  of  record. 

Sec.  6.  Id.  Legislature  may  change  districts.  The  Legislature  may 
change  the  limits  of  any  judicial  district,  or  increase  or  decrease  the 
number  of  districts,  or  the  judges  thereof.  No  alteration  or  increase 
shall  have  the  effect  of  removing  a  judge  from  office.  In  every  additional 
district  established,  a  judge  shall  be  elected  by  the  electors  thereof,  and 
his  term  of  office  shall  continue  as  provided  in  section  five  of  this  article. 

Sec.  7.  Jurisdiction  of  district  courts.  The  District  Court  shall  have 
original  jurisdiction  in  all  matters,  civil  and  criminal,  not  excepted  in  this 
Constitution,  and  not  prohibited  by  law ;  appellate  jurisdiction  from  all  in- 
ferior  courts  and  tribunals,  and  a  supervisory  control  of  the  same.  The 
District  Courts  or  any  judge  thereof,  shall  have  power  to  issue  writs  of 
habeas  corpus,  mandamus,  injunction,  quo  warranto,  certiorari,  prohibition 
and  other  writs  necessary  to  carry  into  effect  their  orders,  judgments,  and 
decrees,  and  to  give  them  a  general  control  over  inferior  courts  and 
tribunals  within  their  respective  jurisdictions. 

Sec,  8.  Justices  of  the  peace.  Jurisdiction,  etc.  The  legislature  shall 
determine  the  number  of  justices  of  the  peace  to  be  elected,  and  shall  fix 
by  law  their  powers,  duties,  and  compensation.  The  jurisdiction  of  justices 
of  the  peace  shall  be  as  now  provided  by  law,  but  the  Legislature  may  re- 
strict the  same. 

Sec.  9.  Appeals  from  district  court:  record,  etc.  From  justices*  couris. 
From  all  final  judgments  of  the  district  courts,  there  shall  be  a  right  of 
appeal  to  the  Supreme  Court  The  appeal  shall  be  upon  the  record  made 
in  the  court  below,  and  under  such  regulations  as  may  be  provided  by  law. 
In  equity  cases  the  appeal  may  be  on  questions  of  both  law  and  fact;  in 
cases  at  law  the  appeal  shall  be  on  questions  of  law  alone.  Appeals  shall 
also  lie  from  the  final  orders  and  decrees  of  the  Court  in  the  administra- 
tion of  decedent  estates,  and  in  cases  of  guardianship,  as  shall  be  provided 
by  law.  Appeals  shall  also  lie  from  the  final  judgment  of  justices  of  the 
peace  in  civil  and  criminal  cases  to  the  District  Courts  on  both  questions 
of  law  and  fact,  with  such  limitations  and  restrictions  as  shall  be  provided 
by  law ;  and  the  decision  of  the  District  Courts  on  such  appeals  shall  be 
final,  except  in  cases  involving  the  validity  or  constitutionality  of  a  statute. 


1 68  CONSTITUTION  OF  UTAH 

Sec.  10.  County  attorneys.  Election,  term,  etc.  A  County  Attorney  shall 
be  elected  by  the  qualified  voters  of  each  county  who  shall  hold  his  office 
for  a  term  of  two  years.  The  powers  and  duties  of  County  Attorneys,  and 
such  other  attorneys  for  the  State  as  the  Legislature  may  provide,  shall 
be  prescribed  by  law.  In  all  cases  where  the  attorney  for  any  county,  or 
for  the  State,  fails  or  refuses  to  attend  and  prosecute  according  to  law 
the  court  shall  have  power  to  appoint  an  attorney /r(?  tempore. 

Sec.  11.  Removal  of  judges  from  office.  Judges  may  be  removed  from 
office  by  the  concurrent  vote  of  both  houses  of  the  Legislature,  each 
voting  separately ;  but  two-thirds  of  the  members  to  which  each  house 
may  be  entitled  must  concur  in  such  vote.  The  vote  shall  be  determined 
by  yeas  and  nays,  and  the  names  of  the  members  voting  for  or  against  a 
judge,  together  with  the  cause  or  causes  of  removal,  shall  be  entered  on 
the  journal  of  each  house.  The  judge  against  whom  the  house  may  be 
about  to  proceed  shall  receive  notice  thereof,  accompanied  with  a  copy  of 
the  cause  alleged  for  his  removal,  at  least  ten  days  before  the  day  on 
which  either  house  of  the  Legislature  shall  act  thereon. 

Sec.  12.  fudges'  salaries  to  remain  fixed.  The  judges  of  the  Supreme 
and  District  Courts  shall  receive  at  stated  times  compensation  for  their 
services,  which  shall  not  be  increased  or  diminished  during  the  time  for 
which  they  are  elected. 

Sec.  13.  Disqualification  of  judges.  Except  by  consent  of  all  the 
parties,  no  judge  of  the  supreme  or  inferior  courts  shall  preside  in  the 
trial  of  any  cause  where  either  of  the  parties  shall  be  connected  with  him 
by  affinity  or  consanguinity  within  the  degree  of  first  cousin,  or  in  which 
he  may  have  been  of  counsel,  or  in  the  trial  of  which  he  may  have  pre- 
sided in  any  inferior  court. 

Sec.  14.  Clerks  of  courts.  Reporter.  The  Supreme  Court  shall  appoint 
a  clerk,  and  a  reporter  of  its  decisions,  who  shall  hold  their  offices  during 
the  pleasure  of  the  Court.  Until  otherwise  provided,  County  Clerks  shall 
be  ex  officio  clerks  of  the  District  Courts  in  and  for  their  respective 
counties,  and  shall  perform  such  other  duties  as  may  be  provided  by  law. 

Sec.  15.  fudges  shall  not  appoint  relatives  to  office.  No  person  related  to 
any  judge  of  any  court  by  affinity  or  consanguinity  within  the  degree  of 
first  cousin,  shall  be  appointed  by  such  court  or  judge  to,  or  employed  by 
such  court  or  judge  in  any  office  or  duty  in  any  court  of  which  such  judge 
may  be  a  member. 

Sec.  16.  fudicial  districts,  how  constituted.  Until  otherwise  provided  by 
law,  the  Judicial  Districts  of  the  State  shall  be  constituted  as  follows : 

First  District :  The  Counties  of  Cache,  Box  Elder,  and  Rich. 

Second  District :    The  Counties  of  Weber,  Morgan,  and  Davis. 


CONSTITUTION  OF  UTAH  169 

Third  District :  The  Counties  of  Summit,  Salt  Lake,  and  Tooele,  in 
which  there  shall  be  elected  three  district  judges. 

Fourth  District :    The  Counties  of  Utah,  Wasatch,  and  Uintah. 

Fifth  District :  The  Counties  of  Juab,  Millard,  Beaver,  Iron,  and 
Washington. 

Sixth  District :  The  Counties  of  Sevier,  Piute,  Wayne,  Garfield,  and 
Kane. 

Seventh  District :  The  Counties  of  San.  Pete,  Carbon,  Emery,  Grand, 
and  San  Juan. 

Sec.  17.  Courts  of  record.  The  Supreme  and  District  Courts  shall  be 
courts  of  record,  and  each  shall  have  a  seal. 

Sec.  18.  StyU  of  process:  "  The  State  of  Utah."  The  style  of  all  process 
shall  be,  **  The  State  of  Utah,"  and  all  prosecutions  shall  be  conducted  in 
the  name  and  by  the  authority  of  the  same. 

Sec.  19.  But  one  form  of  cMl  action.  There  shall  be  but  one  form  of 
civil  action,  and  law  and  equity  may  be  administered  in  the  same  action. 

Sec.  20.  Salary  of  judges.  Until  otherwise  provided  by  law,  the  salaries 
of  supreme  and  district  judges  shall  be  three  thousand  dollars  per  annum, 
and  mileage,  payable  quarterly  out  of  the  State  treasury. 

Sec.  21.  fudges  to  be  consen-ators  of  peace.  Judges  of  the  Supreme  Court, 
District  Courts,  and  justices  of  the  peace,  shall  be  conservators  of  the 
peace,  and  may  hold  preliminary  examinations  in  cases  of  felony. 

Sec.  22.  fudges  to  report  defeats  in  ta^os.  District  Judges  may,  at  any 
time,  report  defects  and  omissions  in  the  law  to  the  Supreme  Court,  and 
the  Supreme  Court  on  or  before  the  first  day  of  December  of  each  year, 
shall  report  in  writing  to  the  Governor  any  seeming  defect  or  omission  in 
the  law. 

Sec.  23.  Publication  of  decisions.  The  Legislature  may  provide  for  the 
publication  of  decisions  and  opinions  of  the  Supreme  Court,  but  all  deci- 
sions shall  be  free  to  publishers. 

Sec.  24.  Effect  of  extending  Judges*  terms.  The  terms  of  office  of  Su- 
preme and  District  Judges  may  be  extended  by  law,  but  such  extension 
shall  not  affect  the  term  for  which  any  judge  was  elected. 

Sec.  25.  Decisions  of  supreme  court  to  be  in  vmting.  When  a  judgment 
or  decree  is  reversed,  modified  or  affirmed  by  the  Supreme  Court,  the  rea- 
sons therefor  shall  be  stated  concisely  in  writing,  signed  by  the  judges 
concurring,  filed  in  the  office  of  the  Clerk  of  the  Supreme  Court,  and  pre- 
served with  a  record  of  the  case.  Any  judge  dissenting  therefrom,  may 
give  the  reasons  of  his  dissent  in  writing  over  his  signature. 

Sec.  26.  Jd.  Court  to  prepare  syllabus.  It  shall  be  the  duty  of  the  court 
to  prepare  a  syllabus  of  all  the  points  adjudicated  in  each  case,  which  shall 


lyo  CONSTITUTION  OF  UTAH 

be  concurred  in  by  a  majority  of  the  judges  thereof,  and  it  shall  be  pre- 
fixed to  the  published  reports  of  the  case. 

Sec.  27.  Judge  foTfeits  office  by  absence.  Any  judicial  officer  who  shall  ab- 
sent himself  from  the  State  or  district  for  more  than  ninety  consecutive 
days,  shall  be  deemed  to  have  forfeited  his  office  :  Provided,  That  in  case 
of  extreme  necessity,  the  Governor  may  extend  the  leave  of  absence  to 
such  time  as  the  necessity  therefor  shall  exist. 


ARTICLE   IX 

CONGRESSIONAL   AND    LEGISLATIVE   APPORTIONMENT 

Section  1.  Electio?i  of  congressmati.  One  Representative  in  the  Con- 
gress of  the  United  States  shall  be  elected  from  the  State  at  large  on  the 
Tuesday  next  after  the  first  Monday  in  November,  a.d.  1895,  and  there- 
after at  such  times  and  places,  and  in  such  manner  as  may  be  prescribed 
by  law.  When  a  new  apportionment  shall  be  made  by  Congress,  the  Leg- 
islature shall  divide  the  State  into  congressional  districts  accordingly. 

Sec.  2.  Decennial  census  to  be  taken.  The  Legislature  shall  provide  by 
law  for  an  enumeration  of  the  inhabitants  of  the  State,  a.d.  1905,  and 
every  tenth  year  thereafter,  and  at  the  session  next  following  such  enu- 
meration, and  also  at  the  session  next  following  an  enumeration  made  by 
the  authority  of  the  United  States,  shall  revise  and  adjust  the  apportion- 
ment for  senators  and  representatives  on  the  basis  of  such  enumeration 
according  to  ratios  to  be  fixed  by  law. 

Sec.  3.  Number  of  members  of  legislature.  The  Senate  shall  consist  of 
eighteen  members,  and  the  House  of  Representatives  of  forty-five  mem- 
bers. The  Legislature  may  increase  the  number  of  senators  and  repre- 
sentatives, but  the  senators  shall  never  exceed  thirty  in  number,  and  the 
number  of  representatives  shall  never  be  less  than  twice  nor  greater  than 
three  times  the  number  of  senators. 

Sec.  4.  Senatorial  districts,  hozo  formed.  When  more  than  one  county 
shall  constitute  a  senatorial  district,  such  counties  shall  be  contiguous,  and 
no  county  shall  be  divided  in  the  formation  of  such  districts  unless  such 
county  contains  sufficient  population  within  itself  to  form  two  or  more  dis- 
tricts, nor  shall  a  part  of  any  county  be  united  with  any  other  county  in 
forming  any  district. 

representati\'t:  districts 

Until  othen^'ise  provided  by  law,  representatives  shall  be  apportioned 
among  the  several  counties  of  the  State  as  follows :    Provided,  That  in 


CONSTITUTION  OF  UT.\H 


171 


any  future  apportionment  made  by  the  Legislature,  each  county  shall  be 
entitled  to  at  least  one  representative. 

The  County  of  Box  Elder  shall  constitute  the  First  Representative  Dis- 
trictf  and  be  entitled  to  one  representative. 

The  County  of  Cache  shall  constitute  the  Second  Representative  Dis- 
trict, and  be  entitled  to  three  representatives. 

The  County  of  Rich  shall  constitute  the  Third  Representative  District, 
and  be  entitled  to  one  representative. 

The  County  of  Weber  shall  constitute  the  Fourth  Representative  Dis- 
trict, and  be  entitled  to  four  representatives. 

The  County  of  Morgan  shall  constitute  the  Fifth  Representative  Dis- 
trict, and  be  entitled  to  one  representative. 

The'County  of  Davis  shall  constitute  the  Sixth  Representative  District, 
and  be  entitled  to  one  representative. 

The  County  of  Tooele  shall  constitute  the  Seventh  Representative  Dis- 
trict, and  be  entitled  to  one  representative. 

The  County  of  Salt  I^ke  shall  constitute  the  Eighth  Representative 
District,  and  be  entitled  to  ten  representatives. 

The  County  of  Summit  shall  constitute  the  Ninth  Representative  Dis- 
trict, and  be  entitled  to  one  representative. 

The  County  of  Wasatch  shall  constitute  the  Tenth  Representative  Dis- 
trict, and  be  entitled  to  one  representative. 

The  County  of  Utah  shall  constitute  the  Eleventh  Representative  Dis- 
trict, and  be  entitled  to  four  representatives. 

The  County  of  Uintah  shall  constitute  the  Twelfth  Representative  Dis- 
trict, and  be  entitled  to  one  representative. 

The  County  of  Juab  shall  constitute  the  Thirteenth  Representative  Dis- 
trict, and  be  entitled  to  one  representative. 

The  County  of  San  Pete  shall  constitute  the  Fourteenth  Representa- 
tive District,  and  be  entitled  to  two  representatives. 

The  County  of  Carbon  shall  constitute  the  Fifteenth  Representative 
District,  and  be  entitled  to  one  representative. 

The  County  of  Emery  shall  constitute  the  Sixteenth  Representative 
District,  and  be  entitled  to  one  representative. 

The  County  of  Grand  shall  constitute  the  Seventeenth  Representative 
District,  and  be  entitled  to  one  representative. 

The  County  of  Sevier  shall  constitute  the  Eighteenth  Representative 
District,  and  be  entitled  to  one  representative. 

The  County  of  Millard  shall  constitute  the  Nineteenth  Representative 
District,  and  be  entitled  to  one  representative. 

The  County  of  Beaver  shall  constitute  the  Twentieth  Representative 
District,  and  be  entitled  to  one  representative. 


172  CONSTITUTION  OF  UTAH 

The  County  of  Piute  shall  constitute  the  Twenty-first  Representative 
District,  and  be  entitled  to  one  representative. 

The  County  of  Wayne  shall  constitute  the  Twenty-second  Representative 
District,  and  be  entitled  to  one  representative. 

The  County  of  Garfield  shall  constitute  the  Twenty-third  Representative 
District,  and  be  entitled  to  one  representative. 

The  County  of  Iron  shall  constitute  the  Twenty-fourth  Representative 
District,  and  be  entitled  to  one  representative. 

The  County  of  Washington  shall  constitute  the  Twenty-fifth  Repre- 
sentative District,  and  be  entitled  to  one  representative. 

The  County  of  Kane  shall  constitute  the  Twenty-sixth  Representative 
District,  and  be  entitled  to  one  representative. 

The  County  of  San  Juan  shall  constitute  the  Twenty-seventh  Repre- 
sentative District,  and  be  entitled  to  one  representative. 

SENATORIAL    DISTRICTS 

Until  otherwise  provided  by  law,  the  Senatorial  Districts  shall  be  con- 
stituted and  numbered  as  follows  : 

The  Counties  of  Box  Elder  and  Tooele  shall  constitute  the  First 
District,  and  be  entitled  to  one  Senator, 

The  County  of  Cache  shall  constitute  the  Second  District,  and  be 
entitled  to  one  Senator. 

The  Counties  of  Rich,  Morgan,  and  Davis  shall  constitute  the  Third 
District,  and  be  entitled  to  one  Senator. 

The  County  of  Weber  shall  constitute  the  Fourth  District,  and  be 
entitled  to  two  Senators. 

The  Counties  of  Summit  and  Wasatch  shall  constitute  the  Fifth  District, 
and  be  entitled  to  one  Senator. 

The  County  of  Salt  Lake  shall  constitute  the  Sixth  District,  and  be 
entitled  to  five  Senators. 

The  County  of  Utah  shall  constitute  the  Seventh  District,  and  be 
entitled  to  two  Senators. 

The  Counties  of  Juab  and  Millard  shall  constitute  the  Eighth  District, 
and  be  entitled  to  one  Senator. 

The  County  of  San  Pete  shall  constitute  the  Ninth  District,  and  be 
entitled  to  one  Senator. 

The  Counties  of  Sevier,  Wayne,  Piute,  and  Garfield  shall  constitute  the 
Tenth  District,  and  be  entitled  to  one  Senator. 

The  Counties  of  Beaver,  Iron,  Washington,  and  Kane  shall  constitute 
the  Eleventh  District,  and  be  entitled  to  one  Senator. 


CONSTITUTION  OF  UTAH  1 73 

The  Counties  of  Emery,  Carbon,  Uintah,  Grand,  and  San  Juan  shall 
constitute  the  Twelfth  District,  and  be  entitled  to  one  Senator. 


ARTICLE  X 

EDUCATION 

Section  1.  Free  non-sectarian  schools.  The  Legislature  shall  provide 
for  the  establishment  and  maintenance  of  a  uniform  system  of  public 
schools,  which  shall  be  open  to  all  children  of  the  Sute,  and  be  free  from 
sectarian  control. 

Sec.  2.  Public  school  sysUm.  Mainttnance.  The  Public  School  system 
shall  include  kindergarten  schools  ;  common  schools,  consisting  of  primary 
and  grammar  grades ;  high  schools^  an  Agricultural  College ;  a  Univer- 
sity, and  such  other  schools  as  the  Legislature  may  establish.  The  common 
schools  shall  be  free.  The  other  departments  of  the  system  shall  be  sup- 
ported as  provided  by  law :  Provided,  That  high  schools  may  be  maintained 
free  in  all  cities  of  the  first  and  second  class  now  constituting  school  dis- 
tricts, and  in  such  other  cities  and  districts  as  may  be  designated  by  the 
Legislature.  But  where  the  proportion  of  school  monies  apportioned  or 
accruing  to  any  city  or  district  shall  not  be  sufficient  to  maintain  all  the 
free  schools  in  such  city  or  district,  the  high  schools  shall  be  supported 
by  local  taxation. 

Sec.  3.  State  school  fund.  Interest  distributed.  The  proceeds  of  all 
lands  that  have  been,  or  may  be  granted  by  the  United  States  to  this  State, 
for  the  support  of  the  common  schools ;  the  proceeds  of  all  property  that 
may  accrue  to  the  State  by  escheat  or  forfeiture  ;  all  unclaimed  shares  and 
dividends  of  any  corporation  incorporated  under  the  laws  of  this  State ; 
the  proceeds  of  the  sale  of  timber,  minerals  or  other  property  from  school 
and  State  lands,  other  than  those  granted  for  specific  purposes ;  and  the 
five  per  centum  of  the  net  proceeds  of  the  sales  of  public  lands  lying 
within  the  State,  which  shall  be  sold  by  the  United  States,  subsequent  to 
the  admission  of  this  State  into  the  Union,  shall  be  and  remain  a  per- 
petual fund,  to  be  called  the  State  School  Fund,  the  interest  of  which 
only,  together  with  such  other  means  as  the  Legislature  may  provide, 
shall  be  distributed  among  the  several  school  districts  according  to  the 
school  population  residing  therein. 

Amendment  to   Section  3  of  Article  x 

Sec.  3.  Declaring  what  shall  constitute  the  state  school  fund,  and  provid- 
ing for  the  apportionment  of  high  school  funds.     The  proceeds  of  all  lands 


174  CONSTITUTION   OF  UTAH 

that  have  been  or  may  be  granted  by  the  United  States  to  this  State,  for 
the  support  of  the  common  schools ;  the  proceeds  of  all  property  that 
may  accrue  to  the  State  by  escheat  or  forfeiture ;  all  unclaimed  shares 
and  dividends  of  any  corporation  incorporated  under  the  laws  of  this 
State ;  the  proceeds  of  the  sale  of  timber,  mineral  or  other  property  from 
school  and  State  lands,  other  than  those  granted  for  specific  purposes ; 
and  five  per  centum  of  the  net  proceeds  of  the  sale  of  public  lands  lying 
within  the  State,  which  shall  be  sold  by  the  United  States,  subsequent  to 
the  admission  of  this  State  into  the  Union,  shall  be  and  remain  a  per- 
petual fund,  to  be  called  the  State  School  Fund,  the  interest  of  which 
only,  together  with  such  other  means  as  the  Legislature  may  provide,  shall 
be  distributed  among  the  several  school  districts  according  to  the  school 
population  residing  therein.  Provided,  That  all  funds  derived  from  any 
State  tax  for  high  schools  shall  be  apportioned  among  the  several  cities 
and  school  districts  according  to  the  attendance  at  the  high  schools 
therein ;  but  no  city  or  district  shall  be  entitled  to  any  part  of  the  fund 
derived  from  the  State  tax  for  high  schools  unless  the  high  school  therein 
is  maintained  upon  the  standard  and  for  the  period  during  the  year  that 
may  be  fixed  by  the  State  Board  of  Education.  (Amendment  adopted 
November  8th,  1910.) 

Sec.  4.  University  and  agricultural  college  located.  Rights,  etc.  The 
location  and  establishment  by  existing  laws  of  the  University  of  Utah, 
and  the  Agricultural  College  are  hereby  confirmed,  and  all  the  rights, 
immunities,  franchises  and  endowments  heretofore  granted  or  conferred, 
are  hereby  perpetuated  unto  said  University  and  Agricultural  College 
respectively. 

Sec.  5.  Proceeds  of  land  grants  to  constitute  permanent  funds.  The  pro- 
ceeds of  the  sale  of  lands  reserved  by  an  Act  of  Congress,  approved 
February  21st,  1855,  for  the  establishment  of  the  University  of  Utah, 
and  of  all  the  lands  granted  by  an  Act  of  Congress,  approved  July  16th, 
1894,  shall  constitute  permanent  funds,  to  be  safely  invested  and  held 
by  the  State  ;  and  the  income  thereof  shall  be  used  exclusively  for  the 
support  and  maintenance  of  the  different  institutions  and  colleges, 
respectively,  in  accordance  with  the  requirements  and  conditions  of  said 
Acts  of  Congress. 

Sec.  6.  Separate  control  of  city  schools.  In  cities  of  the  first  and  second 
class,  the  public  school  system  shall  be  maintained  and  controlled,  by  the 
Board  of  Education  of  such  cities,  separate  and  apart  from  the  counties  in 
which  said  cities  are  located. 

Sec.  7,  School  funds  guaranteed  by  state.  All  pubUc  School  Funds  shall 
be  guaranteed  by  the  State  against  loss  or  diversion. 


CONSTITUTION  OF  UTAH  175 

Sec.  8.  State  board  of  education.  The  general  control  and  supervision 
of  the  Public  School  System  shall  be  vested  in  a  State  Board  of  Education, 
consisting  of  the  Superintendent  of  Public  Instruction,  and  such  other 
persons  as  the  Legislature  may  provide. 

Sec.  9.  Text  books.  Neither  the  Legislature  nor  the  State  Board  of 
Education  shall  have  power  to  prescribe  text  book  to  be  used  in  the 
common  schools. 

Sec.  10.  Institutions  for  deaf,  dumb^  and  blind.  Property.  Fund.  In- 
stitutions for  the  Deaf  and  Dumb,  and  for  the  Blind  are  hereby  established. 
All  property  belonging  to  the  school  for  the  Deaf  and  Dumb  heretofore 
connected  with  the  University  of  Utah,  shall  be  transferred  to  said 
Institution  for  the  Deaf  and  Dumb.  All  the  proceeds  of  the  lands  granted 
by  the  United  States,  for  the  support  of  the  Deaf  and  Dumb  Asylum,  and 
for  an  Institution  for  the  Blind,  shall  be  a  perpetual  fund  for  the  main- 
tenance of  said  institutions.  It  shall  be  a  trust  fund,  the  principal  of  which 
shall  remain  inviolate,  guaranteed  by  the  State  against  loss  by  diversion. 

Sec.  11.  Afetric  system.  The  Metric  System  shall  be  taught  in  the  pub- 
lic schools  of  the  State. 

Sec.  12.  No  religious  or  partisan  tests  in  sekools.  Neither  religious  nor 
partisan  test  Or  qualification  shall  be  required  of  any  person,  as  a  condition 
of  admission,  as  teacher  or  student,  into  any  public  educational  institution 
of  the  State. 

Sec.  13.  Public  aid  to  ekurch  sekools  fenrbidden.  Neither  the  Legislature 
nor  any  county,  city,  town,  school  district  or  other  public  corporation, 
shall  make  any  appropriation  to  aid  in  the  support  of  any  school,  seminary, 
academy,  college,  university  or  other  institution,  controlled  in  whole,  or  in 
part,  by  any  church,  sect  or  denomination  whatever. 


ARTICLE  XI 

COUNTIES,  CITIES  AND  TOWNS 

Section  1.  Existing  counties^  precincts,  etc.,  recognized.  The  several 
counties  of  the  Territory  of  Utah,  existing  at  the  time  of  the  adoption  of 
this  Constitution,  are  hereby  recognized  as  legal  subdivisions  of  this  State, 
and  the  precincts,  and  school  districts,  now  existing  in  said  counties,  as 
legal  subdivisions  thereof,  and  they  shall  so  continue  until  changed  by 
law  in  pursuance  of  this  article. 

Sec  2.  Remoial  of  county  seats.  No  County  Seat  shall  be  removed 
unless  two  thirds  of  the  qualified  electors  of  the  county,  voting  on  the 
proposition  at  a  general  election,  shall  vote  in  favor  of  such  removal,  and 


176  CONSTITUTION   OF  UTAH 

two  thirds  of  the  votes  case  on  the  proposition  shall  be  required  to  re- 
locate a  county  seat.  A  proposition  of  removal  shall  not  be  submitted  in 
the  same  county  more  than  once  in  four  years. 

Sec.  3.  Changing  county  hnes.  No  territory  shall  be  stricken  from  any 
county  unless  a  majority  of  the  voters  living  in  such  territory,  as  well  as  of 
the  county  to  which  it  is  to  be  annexed,  shall  vote  therefor,  and  then 
only  under  such  conditions  as  may  be  prescribed  by  general  law. 

Sec.  4.  Uniform  county  government.  The  Legislature  shall  establish 
a  system  of  County  government,  which  shall  be  uniform  throughout  the 
State,  and  by  general  laws  shall  provide  for  precinct  and  township  organi- 
zations. 

Sec.  5.  Special  municipal  charters  forbidden.  Corporations  for  municipal 
purposes  shall  not  be  created  by  special  laws;  the  Legislature,  by  general 
laws,  shall  provide  for  the  incorporation,  organization,  and  classification 
of  cities  and  towns  in  proportion  to  population;  which  laws  may  be  altered, 
amended  or  repealed. 

Sec.  6.  Municipalities  forbidden  to  sell  luatenvorks  or  rights.  No  munici- 
pal corporation  shall  directly,  or  indirectly,  lease,  sell,  alien  or  dispose  of 
any  waterworks,  water  rights,  or  sources  of  water  supply  now,  or  here- 
after to  be  owned  or  controlled  by  it ;  but  all  such  waterworks,  water- 
rights  and  sources  of  water  supply  now  owned  or  hereafter  to  be 
acquired  by  any  municipal  corporation,  shall  be  preserved,  maintained  and 
operated  by  it  for  supplying  its  inhabitants  with  water  at  reasonable 
charges :  Provided,  That  nothing  herein  contained  shall  be  construed  to 
prevent  any  such  municipal  corporation  from  exchanging  water  rights,  or 
sources  of  water  supply  for  other  water  rights  or  sources  of  water  supply 
of  equal  value,  and  to  be  devoted  in  like  manner  to  the  public  supply  of 
its  inhabitants. 

ARTICLE   XII 

CORPORATIONS 

Section  1.  Corporations.  Formation.  Control.  Corporations  may  be 
formed  under  general  laws,  but  shall  not  be  created  by  special  acts.  All 
laws  relating  to  corporations  may  be  altered,  amended  or  repealed  by  the 
Legislature,  and  all  corporations  doing  business  in  this  State,  may,  as  to 
such  business,  be  regulated,  limited  or  restrained  by  law. 

Sec.  2.  Existing  corporations  to  accept  constitution.  All  existing  charters, 
franchises,  special  or  exclusive  privileges,  under  which  an  actual  and  bona 
fide  organization  shall  not  have  taken  place,  and  business  been  com- 
menced in  good  faith,  at  the  time  of  the  adoption  of  this  Constitution, 


CONSTITUTION   OF  UTAH  1 77 

shall  thereafter  have  no  validity;  and  no  corporation  in  existence  at 
the  time  of  the  adoption  of  this  Constitution  shall  have  the  benefit  of 
future  legislation  without  first  filing  in  the  office  of  the  Secretary  of  State, 
an  acceptance  of  the  provisions  of  this  Constitution. 

Sec.  3.  legislature  not  to  extend  or  validate  franchises.  The  Legislature 
shall  not  extend  any  franchise  or  charter,  nor  remit  the  forfeiture  of  any 
franchise  or  charter  of  any  corporation  now  existing,  or  which  shall  here- 
after exist  under  the  laws  of  this  State. 

Sfx.  4.  "  Corporation  "  defined.  Suits.  The  term  "  Corporation,"  as  used 
in  this  article,  shall  be  construed  to  include  all  associations  and  joint- 
stock  companies  having  any  powers  or  privileges  of  corporations  not  pos- 
sessed by  individuals  or  partnerships,  and  all  corporations  shall  have  the 
right  to  sue,  and  shall  be  subject  to  be  sued,  in  all  courts,  in  like  cases  as 
natural  persons. 

Sec.  5.  Corporate  itoek.  Issuance^  increase,  etc.  Corporations  shall  not 
issue  stock,  except  to  bona  fide  subscribers  thereof  or  their  assignee,  nor 
shall  any  corporation  issue  any  bond,  or  other  obligation,  for  the  payment 
of  money,  except  for  money  or  property  received,  or  labor  done.  The 
stock  of  corporations  shall  not  be  increased,  except  in  pursuance  of  gen- 
eral law,  nor  shall  any  law  authorize  the  increase  of  stock  without  the  con- 
sent of  the  person  or  persons  holding  the  larger  amount  in  value  of  the 
stock,  or  without  due  notice  of  the  proposed  increase  having  previously 
been  given  in  such  manner  as  may  be  prescribed  by  law.  All  fictitious 
increase  of  stock  or  indebtedness  shall  be  void. 

Sec.  6.  PrtxHleges  of  foreign  corporations.  No  corporations  organized  out- 
side of  this  State,  shall  be  allowed  to  transact  business  within  the  State  on 
conditions  more  favorable  than  those  prescribed  by  law  to  similar  corpora- 
ations  organized  under  the  laws  of  this  State. 

Sec.  7.  Limitation  on  alienation  of  franchise.  No  corporation  shall  lease 
or  alienate  any  franchise,  so  as  to  relieve  the  franchise  or  property  held 
thereunder  from  the  liabilities  of  the  lessor,  or  grantor,  lessee  or  grantee, 
contracted  or  incurred  in  operation,  use  or  enjoyment  of  such  franchise  or 
iny  of  its  privileges. 

Sec.  8.  Consent  of  local  authorities  necessary  to  use  of  streets.  No  law 
shall  be  passed  granting  the  right  to  construct  and  operate  a  street  rail- 
road, telegraph,  telephone  or  electric  light  plant  within  any  city  or  incor- 
porated town,  without  the  consent  of  the  local  authorities  who  have 
control  of  the  street  or  highway  proposed  to  be  occupied  for  such 
purposes. 

Sec.  9.  Place  of  business,  process  agent,  etc.  No  corporation  shall  do 
business  in  this  State,  without  having  one  or  more  places  of  business,  with 


tyS  CONSTITUTION  OF  UTAH 

an  authorized  agent  or  agents,  upon  whom  process  may  be  served ;  nor 
without  first  filing  a  certified  copy  of  its  articles  of  incorporation  with  the 
Secretary  of  State. 

Sec.  10.  Corporations  limited  to  authorized  objects.  No  corporation  shall 
engage  in  any  business  other  than  that  expressly  authorized  in  its  charter, 
or  articles  of  incorporation. 

Sec.  11.  Franchises  may  be  taken  for  public  use.  The  exercise  of  the 
right  of  eminent  domain  shall  never  be  so  abridged  or  construed,  as  to 
prevent  the  Legislature  from  taking  the  property  and  franchises  of  in- 
corporated companies,  and  subjecting  them  to  public  use  the  same  as  the 
property  of  individuals. 

Sec.  12.  Common  carriers.  All  railroad  and  other  transprotation 
companies  are  declared  to  be  common  carriers,  and  subject  to  legislative 
control ;  and  such  companies  shall  receive  and  transport  each  other's 
passengers  and  freight,  without  discrimination  or  unnecessary  delay. 

Sec.  13.  Competing  railroads  not  to  consolidate.  No  railroad  corporation 
shall  consolidate  its  stock,  property,  or  franchises  with  any  other  railroad 
corporation  owning  a  competing  line. 

Sec.  14.  Rolling  stock  considered  personal  property.  The  rolling  stock, 
and  other  moveable  property,  belonging  to  any  railroad  company  or  cor- 
poration in  this  State,  shall  be  considered  personal  property,  and  shall  be 
liable  to  taxation  and  to  execution  and  sale,  in  the  same  manner  as  the 
personal  property  of  individuals,  and  such  property  shall  not  be  exempted 
from  execution  and  sale. 

Sec.  15.  Legislature  to  prescribe  maximum  rates.  Discriminations.  The 
Legislature  shall  pass  laws  establishing  reasonable  maximum  rates  of 
charges  for  the  transportation  of  passengers  and  freight,  for  correcting 
abuses,  and  preventing  discrimination  and  extortion  in  rates  of  freight  and 
passenger  tariffs  by  the  different  railroads,  and  other  common  carriers  in 
the  State,  and  shall  enforce  such  laws  by  adequate  penalties. 

Sec.  16.  Armed  bodies  not  to  enter  state.,  when.  No  corporation  or  asso- 
ciation shall  bring  any  armed  person  or  bodies  of  men  into  this  State  for 
the  preservation  of  the  peace,  or  the  suppression  of  domestic  trouble 
without  authority  of  law. 

Sec.  17.  Employee  of  corporation  itieligible  to  municipal  office,  when.  No 
officer,  employee,  attorney  or  agent  of  any  corporation,  company  or 
association  doing  business  under,  or  by  virtue  of  any  municipal  charter  or 
franchise,  shall  be  eligible  to  or  permitted  to  hold  any  municipal  office,  in 
the  municipality  granting  such  charter  or  franchise. 

Sec.  18.  Liability  of  stockholders  of  banks.  The  stockholders  in  every 
corporation,  and  joint  stock  association  for  banking  purposes,  in  addition 


CONSTITUTION  OF  VTAH  179 

to  the  amount  of  capital  stock  subscribed  and  fully  paid  by  them,  shall  be 
individually  responsible  for  an  additional  amount,  equal  to  the  amount  of 
their  stock  in  such  corporation,  for  all  its  debts  and  liabilities  of  every 
kind. 

Sec.  19.  Bloiklhting  forbidden.  Every  person  in  this  State  shall  be 
free  to  obtain  employment  whenever  possible,  and  any  person,  corporation, 
or  agent,  servant  or  employee  thereof,  maliciously  interfering  or  hindering 
in  any  way,  any  person  from  obtaining,  or  enjoying  employment  already 
obtained,  from  any  other  corporation  or  person,  shall  be  deemed  guilty  of 
a  crime.  The  Legislature  shall  provide  by  law  for  the  enforcement  of 
this  section. 

Sec.  20.  Trusts  and  combinations  prohibited.  Any  combination  by  in- 
dividuals, corporations,  or  associations,  having  for  its  object  or  effect  the 
controlling  of  the  price  of  any  products  of  the  soil,  or  of  any  article  of 
manufacture  or  commerce,  or  the  cost  of  exchange  or  transportation,  is 
prohibited,  and  hereby  declared  unlawful,  and  against  public  policy.  The 
legislature  shall  pass  laws  for  the  enforcement  of  this  section  by  adequate 
penalties,  and  in  case  of  incorporated  companies,  if  necessary  for  that 
purpose,  it  may  declare  a  forfeiture  of  their  franchise. 

ARTICLE   XIII 

REVBSUE   AND  TAXATION 

Section  \.  Hseal year.  The  fiscal  year  shall  begin  on  the  first  day  of 
January,  unless  changed  by  the  Legislature. 

Sec.  2.  What  prvperty  taxable.  Definitions.  Revenue.  All  property  in 
the  State,  not  exempt  under  the  laws  of  the  United  States,  or  under  this 
Constitution,  shall  be  taxed  in  proportion  to  its  value,  to  be  ascertained  as 
provided  by  law.  The  word  property,  as  used  in  this  article,  is  hereby 
declared  to  include  monies,  credits,  bonds,  stocks,  franchises  and  all 
matters  and  things  (real,  personal  and  mixed)  capable  of  private  owner- 
ship ;  but  this  shall  not  be  so  construed  as  to  authorize  the  taxation  of  the 
stocks  of  any  company  or  corporation,  when  the  property  of  such  com- 
pany or  corporation  represented  by  such  stocks,  has  been  taxed.  The 
Legislature  shall  provide  by  law  for  an  annual  tax  sufficient,  with  other 
sources  of  revenue,  to  defray  the  estimated  ordinary  expenses  of  the 
State  for  each  fiscal  year.  For  the  purpose  of  paying  the  State  debt,  if 
any  there  be,  the  legislature  shall  provide  for  levying  a  tax  annually, 
sufficient  to  pay  the  annual  interest,  and  principal  of  such  debt,  within 
twenty  years  from  the  final  passage  of  the  law  creating  the  debt. 


l8o  CONSTITUTION  OF  UTAH 

Sec.  3.  Legislature  to  provide  uniform  tax.  Exemptions.  The  Legis- 
lature shall  provide  by  law  a  uniform  and  equal  rate  of  assessment  and 
taxation  on  all  property  in  the  State,  according  to  its  value  in  money,  and 
shall  prescribe  by  general  law  such  regulations  as  shall  secure  a  just 
valuation  for  taxation  of  all  property ;  so  that  every  person  and  corporation 
shall  pay  a  tax  in  proportion  to  the  value  of  his,  her  or  its  property : 
Provided.  That  a  deduction  of  debts  from  credits  may  be  authorized : 
Provided  further,  That  the  property  of  the  United  States,  of  the  State, 
counties,  cities,  towns,  school  districts,  municipal  corporations  and  public 
libraries,  lots  with  the  buildings  thereon  used  exclusively  for  either 
religious  worship  or  charitable  purposes,  and  places  of  burial  not  held  or 
used  for  private  or  corporate  benefit,  shall  be  exempt  from  taxation. 
Ditches,  canals,  and  flumes  owned  and  used  by  individuals  or  corporations, 
for  irrigating  lands  owned  by  such  individuals  or  corporations,  or  the  in- 
dividual members  thereof,  shall  not  be  separately  taxed  so  long  as  they 
shall  be  owned,  and  used  exclusively  for  such  purpose. 

Sec.  4.  Taxation  of  mines.  All  mines  and  mining  claims,  both  placer 
and  rock  in  place,  containing  or  bearing  gold,  silver,  copper,  lead,  coal 
or  other  valuable  mineral  deposits,  after  purchase  thereof  from  the 
United  States,  shall  be  taxed  at  the  price  paid  the  United  States  therefor, 
unless  the  surface  ground,  or  some  part  thereof,  of  such  mine  or  claim,  is 
used  for  other  than  mining  purposes,  and  has  a  separate  and  independent 
value  for  such  other  purposes ;  in  which  case  said  surface  ground,  or  any 
part  thereof,  so  used  for  other  than  mining  purposes,  shall  be  taxed  at  its 
value  for  such  other  purposes,  as  provided  by  law ;  and  all  the  machinery 
used  in  mining,  and  all  property  and  surface  improvements  upon  or 
appurtenant  to  mines  and  mining  claims,  which  have  a  value  separate  and 
independent  of  such  mines  or  mining  claims,  and  the  net  annual  proceeds 
of  all  mines  and  mining  claims,  shall  be  taxed  as  provided  by  law. 

Sec.  5.  Local  authorities  to  levy  local  taxes.  The  Legislature  shall  not 
impose  taxes  for  the  purpose  of  any  county,  city,  town  or  other  municipal 
corporation,  but  may,  by  law,  vest  in  the  corporate  authorities  thereof,  re- 
spectively, the  power  to  assess  and  collect  taxes  for  all  purposes  of  such 
corporation. 

Sec.  6.  Anmial  statement  to  be  published.  An  accurate  statement  of  the 
receipts  and  expenditures  of  the  public  monies,  shall  be  published  annually 
in  such  manner  as  the  Legislature  may  provide. 

Sec.  7.  Tax  rate  for  state  purposes.  The  rate  of  taxation  on  property,  for 
State  purposes,  shall  never  exceed  eight  mills  on  each  dollar  of  valuation ; 
and  whenever  the  taxable  property  within  the  State  shall  amount  to  two 
hundred  million  dollars,  the  rate  shall  not  exceed  five  mills  on  each  dollar 


CONSTITUTION  OF  UTAH  l8l 

of  valuation ;  and  whenever  the  taxable  property  within  the  State  shall 
amount  to  two  hundred  million  dollars,  the  rate  shall  not  exceed  five  mills  on 
each  dollar  of  valuation  ;  and  whenever  the  taxable  property  within  the  State 
shall  amount  to  three  hundred  million  dollars,  the  rate  shall  never  thereafter 
exceed  four  mills  on  each  dollar  of  valuation ;  unless  a  proposition  to  in- 
crease such  rate,  specifying  the  rate  proposed,  and  the  time  during  which 
the  same  shall  be  levied,  be  first  submitted  to  a  vote  of  such  of  the  qualified 
electors  of  the  State,  as  in  the  year  next  preceding  such  election,  shall  have 
paid  a  property  tax  assessed  to  them  within  the  State,  and  the  majority  of 
those  voting  thereon  shall  vote  in  favor  thereof,  in  such  manner  as  may  be 
provided  by  law. 

Amendment  to  Section  7  op  Article  XIII 

Section  7.  Juxing  the  rate  of  taxation  for  state  purposes^  apportioning  same 
and  creating  a  high-school  fund.  The  rate  of  taxation  on  property  for  state 
purposes  shall  never  exceed  eight  mills  on  each  dollar  of  valuation  to  be 
apportioned  as  follows :  Not  to  exceed  four  and  one  half  mills  on  each 
dollar  of  valuation  for  general  state  purposes ;  not  to  exceed  three  mills 
on  each  dollar  of  valuation  for  district  school  purposes;  Not  to  exceed 
one  half  mill  on  each  dollar  of  valuation  for  High  School  purposes;  That 
part  of  the  state  tax  apportioned  to  high  school  purposes  shall  constitute  a 
fund  to  be  called  the  "  high  school  fund  "  and  shall  be  apportioned  to  the 
cities  and  school  districts  maintaining  high  schools  in  the  manner  the  legis- 
lature may  provide.  And  whenever  the  taxable  property  within  the  state 
shall  amount  to  four  hundred  million  dollars,  the  rate  shall  not  exceed  five 
mills  on  each  dollar  of  valuation  ;  unless  a  proposition  to  increase  such  rate, 
specifying  the  rate  proposed  and  the  time  during  which  the  same  shall  be 
levied,  be  first  submitted  to  a  vote  of  such  of  the  qualified  electors  of  the 
State  as,  in  the  year  next  preceding  such  election,  shall  have  paid  a  prop- 
erty tax  assessed  to  them  within  the  State,  and  the  majority  of  those  voting 
thereon  shall  vote  in  favor  thereof,  in  such  manner  as  may  be  provided  by 
law.     (Amendment  adopted  November  8th,  1910.) 

Sec.  8.  Officer  not  to  make  profit  out  of  public  moneys.  The  making  of 
profit  out  of  public  monies,  or  using  the  same  for  any  purpose  not  author- 
ized by  law,  by  any  public  officer,  shall  be  deemed  a  felony,  and  shall  be 
punished  as  provided  by  law,  but  part  of  such  punishment  shall  be  dis- 
qualification to  hold  public  office. 

Sec.  9.  State  expenditures  to  be  kept  within  revenues.  No  appropriation 
shall  be  made,  or  any  expenditure  authorized  by  the  Legislature,  whereby 
the  expenditure  of  the  State,  during  any  fiscal  year,  shall  exceed  the  total 


1 82  CONSTITUTION  OF  UTAH 

tax  then  provided  for  by  law,  and  applicable  for  such  appropriation  or  ex- 
penditure, unless  the  Legislature  making  such  appropriation,  shall  provide 
for  levying  a  sufficient  tax,  not  exceeding  the  rates  allowed  in  section  seven 
of  this  article,  to  pay  such  appropriation  or  expenditure  within  such  fiscal 
year.  This  provision  shall  not  apply  to  appropriations  or  expenditures  to 
suppress  insurrections,  defend  the  State,  or  assist  in  defending  the  United 
States  in  time  of  war. 

Sec.  10.  All  property  taxable  where  situated.  All  corporations  or  persons 
in  this  State,  or  doing  business  herein,  shall  be  subject  to  taxation  for  State, 
County,  School,  Municipal  or  other  purposes,  on  the  real  and  personal 
property  owned  or  used  by  them  within  the  territorial  limits  of  the  authority 
levying  the  tax. 

Sec.  11.  State  and  county  boards  of  eqicalization.  Until  otherwise  provided 
by  law,  there  shall  be  a  State  Board  of  Equalization,  consisting  of  the  Gov- 
ernor, State  Auditor,  State  Treasurer,  Secretary  of  State  and  Attorney- 
General  ;  also,  in  each  county  of  this  State,  a  County  Board  of  Equaliza- 
tion, consisting  of  the  Board  of  County  Commissioners  of  said  county. 
The  duty  of  the  State  Board  of  Equalization  shall  be  to  adjust  and  equalize 
the  valuation  of  the  real  and  personal  property  among  the  several  counties 
of  the  State.  The  duty  of  the  County  Board  of  Equalization  shall  be  to 
adjust  and  equalize  the  valuation  of  the  real  and  personal  property  within 
their  respective  counties.  Each  Board  shall  also  perform  such  other  duties 
as  may  be  prescribed  by  law. 

Sec.  12.  Stamp,  income,  license,  franchise,  or  mortgage  tax  permissible. 
Nothing  in  this  Constitution  shall  be  construed  to  prevent  the  Legislature 
from  providing  a  stamp  tax,  or  a  tax  based  on  income,  occupation,  licenses, 
franchises  or  mortgages. 

ARTICLE   XIV 

PUBLIC    DEBT 

Section  1.  State  debt  limitation.  To  meet  casual  deficits  or  failures  in 
revenue,  and  for  necessary  expenditures  for  public  purposes,  including  the 
erection  of  public  buildings,  and  for  the  payment  of  all  Territorial  indebt- 
edness assumed  by  the  State,  the  State  may  contract  debts,  not  exceeding 
in  the  aggregate  at  any  one  time,  the  sum  of  two  hundred  thousand  dollars 
over  and  above  the  amount  of  the  Territorial  indebtedness  assumed  by  the 
State.  But  when  the  said  Territorial  indebtedness  shall  have  been  paid, 
the  State  shall  never  contract  any  indebtedness,  except  as  in  the  next  sec- 
tion provided,  in  excess  of  the  sum  of  two  hundred  thousand  dollars,  and 


CONSTITUTION   OF   UTAH  183 

all  monies  arising  from  loans  herein  authorized,  shall  be  applied  solely  to 
the  purposes  for  which  they  were  obtained. 

Amendment  to  Section  1  of  Article  XIV 

Section  1.  Fixing  the  limit' of  the  state  indebtedness.  To  meet  casual 
deficits  or  failures  in  revenue,  and  for  necessary  expenditures  for  public 
purposes,  including  the  erection  of  public  buildings,  and  for  the  payment 
of  all  Territorial  indebtedness  assumed  by  the  State,  the  State  may  con- 
tract debts,  not  exceeding  in  the  aggregate  at  any  one  time,  an  amount 
equal  to  one  and  one  half  per  centum  of  the  value  of  the  taxable  property 
of  the  State,  as  shown  by  the  last  assessment  for  State  purposes,  previous 
to  the  incurring  of  such  indebtedness.  But  the  State  shall  never  contract 
any  indebtedness,  except  as  in  the  next  Section  provided,  in  excess  of 
such  amount,  and  all  moneys  arising  from  loans  herein  authorized,  shall 
be  applied  solely  to  the  purposes  for  which  they  were  obtained.  (Amend- 
ment adopted  November  8,  1910.) 

Skc.  2.  Debts  for  public  defense.  The  State  may  contract  debts  to  repel 
invasion,  suppress  insurrection,  or  to  defend  the  State  in  war,  but  the 
money  arising  from  the  contracting  of  such  debts  shall  be  applied  solely  to 
the  purpose  for  which  it  was  obtained. 

Sec.  3.  Debts  of  counties^  cities^  etc.^  not  to  exceed  m-enue.  Exception. 
No  debt  in  excess  of  the  taxes  for  the  current  year  shall  be  created  by  any 
county  or  subdivision  thereof,  or  by  any  school  district  therein,  or  by  any 
city,  town  or  village,  or  any  subdivision  thereof  in  this  State ;  unless  the 
proposition  to  create  such  debt,  shall  have  been  submitted  to  a  vote  of  such 
qualified  electors  as  shall  have  paid  a  property  tax  therein,  in  the  year 
preceding  such  election,  and  a  majority  of  those  voting  thereon  shall  have 
voted  in  favor  of  incurring  such  debt. 

Sec.  4.  Limit  of  indebtedness  of  counties^  cities^  etc.  When  authorized  to 
create  indebtedness  as  provided  in  section  three  of  this  article,  no  county 
shall  become  indebted  to  an  amount,  including  existing  indebtedness,  ex- 
ceeding two  per  centum.  No  city,  town,  school  district  or  other  municipal 
corporation,  shall  become  indebted  to  an  amount,  including  existing  in- 
debtedness, exceeding  four  per  centum  of  the  value  of  the  taxable  property 
therein,  the  value  to  be  ascertained  by  the  last  assessment  for  State  and 
county  purposes,  previous  to  the  incurring  of  such  indebtedness ;  except 
that  in  incorporated  cities  the  assessment  shall  be  taken  from  the  last  as- 
sessment for  city  purposes  :  Provided,  That  no  part  of  the  indebtedness 
allowed  in  this  section,  shall  be  incurred  for  other  than  strictly  county, 
city,  town  or  school  district  purposes  :  Provided,  further.  That  any  city  or 


1 84  CONSTITUTION  OF  UTAH 

town,  when  authorized  as  provided  in  Section  three  of  this  Article,  may  be 
allowed  to  incur  a  larger  indebtedness,  not  exceeding  four  per  centum  ad- 
ditional, for  supplying  such  city  or  town  with  water,  artificial  lights  or 
sewers,  when  the  works  for  supplying  such  water,  light  and  sewers,  shall 
be  owned  and  controlled  by  the  municipality. 

Amendment  to  Section  4  of  Article  XIV 

Section  4.  Fixing  the  limit  of  indebtedness  of  counties^  cities^  towns  and 
school  districts.  When  authorized  to  create  indebtedness  as  provided  in 
Section  3  of  this  article,  no  county  shall  become  indebted  to  an  amount, 
including  existing  indebtedness  exceeding  two  per  centum.  No  city,  town, 
school  district  or  other  municipal  corporation,  shall  become  indebted  to  an 
amount,  including  existing  indebtedness,  exceeding  four  per  centum  of  the 
value  of  the  taxable  property  therein,  the  value  to  be  ascertained  by  the 
last  assessment  for  State  and  County  purposes,  previous  to  the  incurring 
of  such  indebtedness  ;  except  that  in  incorporated  cities  the  assessment 
shall  be  taken  from  the  last  assessment  for  city  purposes ;  provided,  that, 
no  part  of  the  indebtedness  allowed  in  this  section  shall  be  incurred  for 
other  than  strictly  county,  city,  town  or  school  district  purposes  :  provided 
further,  that  any  city  of  the  first  and  second  class  when  authorized  as  pro- 
vided in  Section  three  of  this  article,  may  be  allowed  to  incur  a  larger  in- 
debtedness, not  to  exceed  four  per  centum  and  any  city  of  the  third  class, 
or  town,  not  to  exceed  eight  per  centum  additional,  for  supplying  such  city 
or  town  with  water,  artificial  lights  or  sewers,  when  the  works  for  supply- 
ing such  water,  light  and  sewers,  shall  be  owned  and  controlled  by  the 
municipality.     (Amendment  adopted  November  8th,  1910.) 

Sec.  5.  Borrowed  money  to  be  applied  to  authorized  use.  All  monies  bor- 
rowed by,  or  on  behalf  of  the  State,  or  any  legal  subdivision  thereof,  shall 
be  used  solely  for  the  purpose  specified  in  the  law  authorizing  the  loan. 

Sec.  6.  State  not  to  assume  county,  etc.,  debts.  The  State  shall  not  assume 
the  debt,  or  any  part  thereof,  of  any  county,  city,  town  or  school  district. 

Sec.  7.  Existing  indebtedness  not  impaired.  Nothing  in  this  article  shall 
be  so  construed  as  to  impair  or  add  to  the  obligation  of  any  debt  hereto- 
fore contracted,  in  accordance  with  the  laws  of  Utah  Territory,  by  any 
county,  city,  town  or  school  district,  or  to  prevent  the  contracting  of 
any  debt,  or  the  issuing  of  bonds  therefor,  in  accordance  with  said  laws, 
upon  any  proposition  for  that  purpose,  which,  according  to  said  laws,  may 
have  been  submitted  to  a  vote  of  the  qualified  electors  of  any  county,  city, 
town  or  school  district  before  the  day  on  which  this  Constitution  takes 
effect 


CONSTITUTION  OF  UTAH  185 


ARTICLE  XV 


MILITIA 


Section  1.  How  constituted.  The  militia  shall  consist  of  all  able-bodied 
male  inhabitants  of  the  State,  between  the  ages  of  eighteen  and  forty-five 
years,  except  such  as  are  exempted  by  law. 

Sec.  2.  Organization  and  equipment.  The  legislature  shall  provide  by 
law  for  the  organization,  equipment  and  discipline  of  the  militia,  which 
shall  conform  as  nearly  as  practicable  to  the  regulations  for  the  govern- 
ment of  the  armies  of  the  United  States. 

ARTICLE   XVI 

LABOR 

Section  1.  Rights  of  labor  to  be  protected.  The  rights  of  labor  shall  have 
just  protection  through  laws  calculated  to  promote  the  industrial  welfare  of 
the  Sute. 

Sec.  2.  Board  of  labor.  The  Legislature  shall  provide  by  law,  for  a 
Board  of  Labor,  Conciliation  and  Arbitration,  which  shall  fairly  represent 
the  interests  of  both  capital  and  labor.  The  Board  shall  perform  duties 
and  receive  compensation  as  prescribed  by  law. 

Sec.  3.  Certain  employments^  etc.^  to  be  prohibited.  The  Legislature 
shall  prohibit : 

(1)  The  employment  of  women,  or  of  children  under  the  age  of  four- 
teen years,  in  underground  mines. 

(2)  The  contracting  of  convict  labor. 

(3)  The  labor  of  convicts  outside  prison  grounds,  except  on  public 
works  under  the  direct  control  of  the  State. 

(4)  The  political  and  commercial  control  of  employees. 

Sec.  4.  Exchange  of  blcuklists  prohibited.  The  exchange  of  blacklists  by 
railroad  companies,  or  other  corporations,  associations  or  persons  is  pro- 
hibited. 

Sec.  5.  Injuries  resulting  in  death.  Damages.  The  right  of  action  to 
recover  damages  for  injuries  resulting  in  death,  shall  never  be  abrogated, 
and  the  amount  recoverable  shall  not  be  subject  to  any  statutory  limitation. 

Sec.  6.  Eight  hours  a  day's  labor  on  public  works.  Eight  hours  shall 
constitute  a  day's  work  on  all  works  or  undertakings  carried  on  or  aided 
by  the  State,  County  or  Municipal  governments ;  and  the  Legislature  shall 
pass  laws  to  provide  for  the  health  and  safety  of  employees  in  factories, 
smelters  and  mines. 


1 86  CONSTITUTION  OF  UTAH 

Sec.  7.  Legislature  to  enforce  this  article.  The  Legislature,  by  appropri- 
ate legislation,  shall  provide  for  the  enforcement  of  the  provisions  of  this 
article. 

ARTICLE   XVII 

WATER    RIGHTS 

Section  1.  Existing  rights  confirmed.  All  existing  rights  to  the  use  of 
any  of  the  waters  in  this  State,  for  any  useful  or  beneficial  purpose,  are 
hereby  recognized  and  confirmed. 

ARTICLE   XVIII 

forestry 

Section  1.  Forests  to  be  preserved.  The  Legislature  shall  enact  laws  to 
prevent  the  destruction  of  and  to  preserve  the  Forests  on  the  lands  of  the 
State,  and  upon  any  part  of  the  public  domain,  the  control  of  which  may 
be  conferred  by  Congress  upon  the  State. 

ARTICLE   XIX 

PUBLIC   BUILDINQS   AND  STATE    INSTITUTIONS 

Section  1.  Property  of  territory  becomes  property  of  state  All  Institutions 
and  other  property  of  the  Territory,  upon  the  adoption  of  this  Constitu- 
tion, shall  become  the  Institutions  and  property  of  the  State  of  Utah. 

Sec.  2.  Charitable  and  penal  institutions,  how  maintained.  Reformatory 
and  Penal  institutions,  and  those  for  the  benefit  of  the  Insane,  Blind,  Deaf 
and  Dumb,  and  such  other  institutions  as  the  pubUc  good  may  require, 
shall  be  established  and  supported  by  the  State  in  such  manner,  and  under 
such  boards  of  control  as  may  be  prescribed  by  law. 

Sec.  3.  Seat  of  government  a?id  public  institutions  perman^itly  located. 
The  Public  Institutions  of  the  State  are  hereby  permanently  located  at  the 
places  hereinafter  named,  each  to  have  the  lands  specifically  granted  to  it 
by  the  United  States,  in  the  Act  of  Congress,  approved  July  16th,  1894, 
to  be  disposed  of  and  used  in  such  manner  as  the  Legislature  may  provide  : 

First :  The  Seat  of  Government  and  the  State  Fair  at  Salt  Lake  City, 
and  the  State  Prison  in  the  County  of  Salt  Lake. 

Second  :  The  Institutions  for  the  Deaf  and  Dumb,  and  the  Blind,  and 
the  State  Reform  School  at  Ogden  City,  in  the  County  of  Weber. 

Third:  The  State  Insane  Asylum  at  Provo  City,  in  the  County  of 
Utah. 


CONSTITUTION  OF   UTAH  187 

ARTICLE  XX 

PUBLIC  LANDS 

Section  1.  Land  grants  accepted  on  terms  of  trust.  All  lands  of  the 
State  that  have  been,  or  may  hereafter  be  grarited  to  the  State  by  Con- 
gress, and  all  lands  acquired  by  gift,  grant  or  devise,  from  any  person  or 
corporation,  or  that  may  otherwise  be  acquired,  are  hereby  accepted,  and 
declared  to  be  the  public  lands  of  the  State ;  and  shall  be  held  in  trust  for 
the  people,  to  be  disposed  of  as  may  be  provided  by  law,  for  the  respective 
purposes  for  which  they  have  been  or  may  be  granted,  donated,  devised 
or  otherwise  acquired. 

ARTICLE   XXI 

SALARIES 

Section  L  Public  officers  to  be  paid  salaries.  Exceptions.  All  State, 
district,  city,  county,  town,  and  school  officers,  excepting  notaries  public, 
boards  of  arbitration,  court  commissioners,  justices  of  the  peace  and  con- 
stables, shall  be  paid  fixed  and  definite  salaries :  Provided,  That  city 
justices  may  be  paid  by  salary  when  so  determined  by  the  mayor  and 
council  of  such  cities. 

Sec.  2.  Legislature  to  prtniJe  fees.  Accounting.  The  Ixrgislature  shall 
provide  by  law,  the  fees  which  shall  be  collected  by  all  officers  within  the 
State.  Notaries  public,  boards  of  arbitration,  court  commissioners,  justices 
of  the  peace,  and  constables  paid  by  fees,  shall  accept  said  fees  as  their 
full  compensation.  Hut  all  other  State,  district,  county,  city,  town  and 
school  officers,  shall  be  required  by  law  to  keep  a  true  and  correct  account 
of  all  fees  collected  by  them,  and  to  pay  the  same  into  the  proper  treas- 
ury, and  the  officer  whose  duty  it  is  to  collect  such  fees  shall  be  held  re- 
sponsible under  his  bond  for  the  same. 

ARTICLE  XXII 

MISCELLANEOUS 

Section  1.  Homestead  exemption.  The  Legislature  shall  provide  by 
law,  for  the  selection  by  each  head  of  a  family,  and  exemption  of  a  home- 
stead, which  may  consist  of  one  or  more  parcels  of  lands,  together  with 
the  appurtenances  and  improvements  thereon  of  the  value  of  at  least 
fifteen  hundred  dollars  from  sale  on  execution. 


l88  CONSTITUTION  OF  UT.\H 

Sec.  2.  Property  rights  of  married  women.  Real  and  personal  estate  of 
every  female,  acquired  before  marriage,  and  all  property  to  which  she 
may  afterwards  become  entitled  by  purchase,  gift,  grant,  inheritance  or 
devise,  shall  be  and  remain  the  estate  and  property  of  such  female,  and 
shall  not  be  Uable  for  the  debts,  obligations  or  engagements  of  her  hus- 
band, and  may  be  conveyed,  devised  or  bequeathed  by  her  as  if  she  were 
unmarried. 

ARTICLE   XXIII 

AMENDMENTS 

Section  1.  Amendments:  proposal,  election.  Any  amendment  or 
amendments  to  this  Constitution  may  be  proposed  in  either  house  of 
the  Legislature,  and  if  two  thirds  of  all  the  members  elected  to  each  of  the 
two  houses,  shall  vote  in  favor  thereof,  such  proposed  amendment  or 
amendments  shall  be  entered  on  their  respective  journals  with  the  yeas 
and  nays  taken  thereon  ;  and  the  Legislature  shall  cause  the  same  to  be 
published  in  at  least  one  newspaper  in  every  county  of  the  State,  where  a 
newspaper  is  published,  for  two  months  immediately  preceding  the  next 
general  election,  at  which  time  the  said  amendment  or  amendments  shall 
be  submitted  to  the  electors  of  the  State,  for  their  approval  or  rejection, 
and  if  a  majority  of  the  electors  voting  thereon  shall  approve  the  same, 
such  amendment  or  amendments  shall  become  part  of  this  Constitution. 
If  two  or  more  amendments  are  proposed,  they  shall  be  so  submitted  as  to 
enable  the  electors  to  vote  on  each  of  them  separately. 

Sec.  2.  Rez'ision  of  the  Cofistitution.  Whenever  two  thirds  of  the  mem- 
bers, elected  to  each  branch  of  the  Legislature,  shall  deem  it  necessary  to 
call  a  convention  to  revise  or  amend  this  Constitution,  they  shall  recom- 
mend to  the  electors  to  vote,  at  the  next  general  election,  for  or  against  a 
convention,  and,  if  a  majority  of  all  the  electors  voting  at  such  election, 
shall  vote  for  a  convention,  the  Legislature,  at  its  next  session,  shall  pro- 
vide by  law  for  calling  the  same.  The  convention  shall  consist  of  not 
less  than  the  number  of  members  in  both  branches  of  the  Legislature. 

Sec.  3.  Id.  Submission  to  electors.  No  Constitution,  or  amendments 
adopted  by  such  Convention,  shall  have  validity  until  submitted  to,  and 
adopted  by,  a  majority  of  the  electors  of  the  State  voting  at  the  next  gen- 
eral election. 

ARTICLE   XXIV 

SCHEDULE 

Section  1.  Actions,  contracts,  etc.,  to  cofitinue.  In  order  that  no  incon- 
venience may  arise,  by  reason  of  the  change  from  a  Territorial  to  a  State 


CONSTITUTION  OF  UTAH  189 

Government,  it  is  hereby  declared  that  all  writs,  actions,  prosecutions, 
judgments,  claims  and  contracts,  as  well  of  individuals  as  of  bodies  cor- 
porate, both  public  and  private,  shall  continue  as  if  no  change  had  taken 
place ;  and  all  process  which  may  issue,  under  the  authority  of  the  Terri- 
tory of  Utah,  previous  to  its  admission  into  the  Union,  shall  be  as  valid  as 
if  issued  in  the  name  of  the  State  of  Utah. 

Sec.  2.  Territorial  laws  continued.  All  laws  of  the  Territory  of  Utah 
now  in  force,  not  repugnant  to  this  Constitution,  shall  remain  in  force 
until  they  expire  by  their  own  limitations,  or  are  altered  or  repealed  by 
the  legislature.  The  act  of  the  Governor  and  Legislative  Assembly  of 
the  Territory  of  Utah,  entitled,  "  An  act  to  punish  polygamy  and  other 
kindred  offenses,**  approved  February  4th,  a.d.  1892,  in  so  far  as  the  same 
defines  and  imposes  penalties  for  polygamy,  is  hereby  declared  to  be  in 
force  in  the  State  of  Utah. 

Sec.  3.  Prisoners  to  be  held.  Any  person,  who,  at  the  time  of  the  ad- 
mission of  the  State  into  the  Union,  may  be  confined  under  lawful  com- 
mitment, or  otherwise  lawfully  held  to  answer  for  alleged  violation  of  any 
of  the  criminal  laws  of  the  Territory  of  Utah,  shall  continue  to  be  so  held 
or  confined,  until  discharged  therefrom  by  the  proper  courts  of  the  State. 

Sec.  4.  Fines^  etc.^  due  the  territory.  Debts  of  the  territory.  All  fines, 
penalties  and  forfeitures  accruing  to  the  Territory  of  Utah,  or  to  the  peo- 
ple of  the  United  States  in  the  Territory  of  Utah,  shall  inure  to  this  State, 
and  all  debts,  liabilities  and  obligations  of  said  Territory  shall  be  valid 
against  the  State,  and  enforced  as  may  be  provided  by  law. 

Sec.  5.  Recognizances.  Judgments.  Records.  Fines  due  counties y  etc. 
All  recognizances  heretofore  taken,  or  which  may  be  taken  before  the 
change  from  a  Territorial  to  a  State  Government,  shall  remain  valid,  and 
shall  pass  to  and  be  prosecuted  in  the  name  of  the  State ;  and  all  bonds 
executed  to  the  Governor  of  the  Territory,  or  to  any  other  officer  or  court 
in  his  or  their  official  capacity,  or  to  any  official  board  for  the  benefit  of 
the  Territory  of  Utah,  or  the  people  thereof,  shall  pass  to  the  Governor 
or  other  officer,  court  or  board,  and  his  or  their  successors  in  office,  for 
the  uses  therein,  respectively  expressed,  and  may  be  sued  on,  and  re- 
covery had  accordingly.  Assessed  taxes,  and  all  revenue,  property,  real, 
personal  or  mixed,  and  all  judgments,  bonds,  specialties,  choses  in  action, 
claims  and  debts,  of  whatsoever  description ;  and  all  records  and  public 
archives  of  the  Territory  of  Utah,  shall  issue  and  vest  in  the  State  of 
Utah,  and  may  be  sued  for  and  recovered,  in  the  same  manner,  and  to 
the  same  extent  by  the  State  of  Utah,  as  the  same  could  have  been  by 
the  Territory  of  Utah ;  and  all  fines,  taxes,  penalties  and  forfeitures,  due 
or  owing  to  any  county,  municipality  or  school  district  therein,  at  the 


1 90  CONSTITUTION  OF  UT.\H 

time  the  State  shall  be  admitted  into  the  Union,  are  hereby  respectively 
assigned  and  transferred,  and  the  same  shall  be  payable  to  the  county, 
municipality  or  school  district,  as  the  case  may  be,  and  payment  thereof 
be  enforced  under  the  laws  of  the  State. 

Sec.  6.  Criminal  prosecutions  begtifi  and  crimes  committed  before  statehood. 
All  criminal  prosecutions,  and  penal  actions,  which  may  have  arisen,  or 
which  may  arise  before  the  change  from  a  Territorial  to  a  State  Govern- 
ment, and  which  shall  then  be  pending,  shall  be  prosecuted  to  judgment 
and  execution  in  the  name  of  the  State,  and  in  the  court  having  jurisdic- 
tion thereof.  All  offenses  committed  against  the  laws  of  the  Territory  of 
Utah,  before  the  change  from  a  Territorial  to  a  State  Government,  and 
which  shall  not  have  been  prosecuted  before  such  change,  may  be  prose- 
cuted in  the  name,  and  by  the  authority  of  the  State  of  Utah,  with  like 
effect  as  though  such  change  had  not  taken  place,  and  all  penalties  in- 
curred shall  remain  the  same  as  if  this  Constitution  had  not  been  adopted. 

Sec.  7.  Transfer  of  causes^  records,  etc.  All  actions,  cases,  proceedings 
and  matters,  pending  in  the  Supreme  and  District  Courts  of  the  Territory 
of  Utah,  at  the  time  the  State  shall  be  admitted  into  the  Union,  and  all 
files,  records  and  indictments  relating  thereto,  except  as  otherwise  pro- 
vided herein,  shall  be  appropriately  transferred  to  the  Supreme  and  Dis- 
trict Courts  of  the  State  respectively ;  and  thereafter  all  such  actions, 
matters  and  cases,  shall  be  proceeded  with  in  the  proper  State  courts. 
All  actions,  cases,  proceedings  and  matters  which  shall  be  pending  in  the 
District  Courts  of  the  Territory  of  Utah,  at  the  time  of  the  admission  of 
the  State  into  the  Union,  whereof  the  United  States  Circuit  or  District 
Courts  might  have  had  jurisdiction  had  there  been  a  State  Government  at 
the  time  of  the  commencement  thereof  respectively,  shall  be  transferred 
to  the  proper  United  States  Circuit  and  District  Courts  respectively ;  and 
all  files,  records,  indictments  and  proceedings  relating  thereto,  shall  be 
transferred  to  said  United  States  Courts :  Provided,  That  no  civil  actions, 
other  than  causes  and  proceedings  of  which  the  said  United  States'  Courts 
shall  have  exclusive  jurisdiction,  shall  be  transferred  to  either  of  said 
United  States'  Courts  except  upon  motion  or  petition  by  one  of  the  parties 
thereto,  made  under  and  in  accordance  with  the  act  or  acts  of  the  Con- 
gress of  the  United  States,  and  such  motion  and  petition  not  being  made, 
all  such  cases  shall  be  proceeded  with  in  the  proper  State  Courts. 

Sec.  8.  Seals  of  courts.  Upon  a  change  from  Territorial  to  State  Gov- 
ernment, the  seal  in  use  by  the  Supreme  Court  of  the  Territory  of  Utah, 
until  otherwise  provided  by  law,  shall  pass  to  and  become  the  Seal  of  the 
Supreme  Court  of  the  State,  and  the  several  District  Courts  of  the  State 
may  adopt  seals  for  their  respective  courts,  until  otherwise  provided  by  law. 


CONSTITUTION  OF  UTAH 


191 


Sec.  9.  Transfer  of  probate  causes  to  district  courts.  When  the  State  is 
admitted  into  the  Union,  and  the  District  Courts  in  the  respective  districts 
are  organized,  the  books,  records,  papers  and  proceedings  of  the  probate 
court  in  each  county,  and  all  causes  and  matters  of  administration  pending 
therein,  upon  the  expiration  of  the  term  of  office  of  the  Probate  Judge,  on 
the  second  Monday  in  January,  1896,  shall  pass  into  the  jurisdiction  and 
possession  of  the  District  Court,  which  shall  proceed  to  final  judgment  or 
decree,  order  or  other  determination  in  the  several  matters  and  causes,  as 
the  Territorial  Probate  Court  might  have  done,  if  this  Constitution  had 
not  been  adopted.  And  until  the  expiration  of  the  term  of  office  of  the 
Probate  Judges,  such  Probate  Judges  shall  perform  the  duties  now  im- 
posed upon  them  by  the  laws  of  the  Territory.  The  District  Courts  shall 
have  appellate  and  revisory  jurisdiction  over  the  decisions  of  the  Probate 
Courts  as  now  provided  by  law,  until  such  latter  courts  expire  by  limitation. 

Sec.  10.  Officers  to  hold  office  until  superseded.  All  officers,  civil  and 
military,  now  holding  their  offices  and  appointments  in  this  Territory  by 
authority  of  law,  shall  continue  to  hold  and  exercise  their  respective  offices 
and  appointments,  until  superseded  under  this  Constitution :  Provided, 
That  the  provisions  of  this  section  shall  be  subject  to  the  provisions  of  the 
Act  of  Congress,  providing  for  the  admission  of  the  State  of  Utah,  ap- 
proved by  the  President  of  the  United  States  on  July  16th,  1894. 

Sec.  11.  Election  for  adoption  or  rejection  of  Constitution,  and  for  state 
officers.  Voters.  The  election  for  the  adoption  or  rejection  of  this  Con- 
stitution, and  for  State  Officers  herein  provided  for,  shall  be  held  on  the 
Tuesday  next  after  the  first  Monday  in  November,  1895,  and  shall  be  con- 
ducted according  to  the  laws  of  the  Territory,  and  the  provisions  of  the 
Enabling  Act ;  the  votes  cast  at  said  election  shall  be  canvassed,  and 
returns  made,  in  the  same  manner  as  was  provided  for  in  the  election  for 
delegates  to  the  Constitutional  Convention. 

Provided,  That  all  male  citizens  of  the  United  States  over  the  age  of 
twenty-one  years,  who  have  resided  in  this  Territory  for  one  year  next 
prior  to  such  election,  are  hereby  authorized  to  vote  for  or  against  the 
adoption  of  this  Constitution,  and  for  the  State  Officers  herein  provided 
for.  The  returns  of  said  election  shall  be  made  to  the  Utah  Commission, 
who  shall  cause  the  same  to  be  canvassed,  and  shall  certify  the  result  of 
the  vote  for  or  against  the  Constitution,  to  the  President  of  the  United 
States,  in  the  manner  required  by  the  Enabling  Act ;  and  said  Commission 
shall  issue  certificates  of  election  to  the  persons  elected  to  said  offices 
severally,  and  shall  make  and  file  with  the  Secretary  of  the  Territory,  an 
abstract,  certified  to  by  them,  of  the  number  of  votes  cast  for  each  person 
for  each  of  said  offices,  and  of  the  total  number  of  votes  cast  in  each  county. 


192  CONSTITUTION  OF  UTAH 

• 

Sec.  12.  Id.  Officers  to  be  ele-ted.  The  State  Officers  to  be  voted  for 
at  the  time  of  the  adoption  of  this  Constitution,  shall  be  a  Governor,  Sec- 
retary of  State,  State  Auditor,  State  Treasurer,  Attorney-General,  Super- 
intendent of  Public  Instruction,  members  of  the  Senate  and  House  of 
Representatives,  three  Supreme  Judges,  nine  District  Judges,  and  a  Rep- 
resentative to  Congress. 

Sec.  13.  Contest  for  district  judgeship,  hotu  determined.  In  case  of  a 
contest  of  election  between  candidates,  at  the  first  general  election  under 
this  Constitution,  for  Judges  of  the  District  Courts,  the  evidence  shall  be 
taken  in  the  manner  prescribed  by  the  Territorial  laws,  and  the  testimony 
so  taken  shall  be  certified  to  the  Secretary  of  State,  and  said  officer,  to- 
gether with  the  Governor  and  the  Treasurer  of  the  State,  shall  review  the 
evidence,  and  determine  who  is  entitled  to  the  certificate  of  election. 

Sec.  14.  Constitution  to  be  submitted  to  voters.  Ballot.  This  Constitu- 
tion shall  be  submitted  for  adoption  or  rejection,  to  a  vote  of  the  quahfied 
electors  of  the  proposed  State,  at  the  general  election  to  be  held  on  the 
Tuesday  next  after  the  first  Monday  in  November,  a.  d.  1895.  At  the 
said  election  the  ballot  shall  be  in  the  following  form : 

For  the  Constitution.     Yes.     No. 

As  a  heading  to  each  of  said  ballots  there  shall  be  printed  on  each 
ballot  the  following  Instructions  to  Voters  : 

All  persons  desiring  to  vote  for  the  Constitution  must  erase  the 
word  "  No." 

All  persons  desiring  to  vote  against  the  Constitution  must  erase  the 
word  "  Yes." 

Sec.  15.  Election  of  officers  not  provided  for  herein.  The  Legislature,  at 
its  first  session,  shall  provide  for  the  election  of  all  officers,  whose  election 
is  not  provided  for  elsewhere  in  this  Constitution,  and  fix  the  time  for  the 
commencement  and  duration  of  their  terms. 

Sec.  16.  When  Constitution  in  force.  The  provisions  of  this  Constitu- 
tion shall  be  in  force  from  the  day  on  which  the  President  of  the  United 
States  shall  issue  his  proclamation,  declaring  the  State  of  Utah  admitted 
into  the  Union ;  and  the  terms  of  all  officers  elected  at  the  first  election 
under  the  provisions  of  this  Constitution,  shall  commence  on  the  first 
Monday,  next  succeeding  the  issue  of  said  proclamation.  Their  terms  of 
office  shall  expire  when  their  successors  are  elected  and  qualified  under 
this  Constitution. 

Done  in  Convention  at  Salt  Lake  City,  in  the  Territory  of  Utah,  this 
eighth  day  of  May,  in  the  year  of  our  Lord  one  thousand  eight  hundred 
and  ninety-five,  and  of  the  Independence  of  the  United  States  the  one 
hundred  and  nineteenth. 


AMENDMENTS 
ARTICLE  VI 

Section  1.  P&wtr  vested  in  SenaU  House  and  PtopU.  The  legislative 
power  of  the  Sute  shall  be  vested  : 

1.  In  a  Senate  and  House  of  Representatives,  which  shall  be  desig- 
nated the  Legislature  of  the  State  of  t'tah. 

2.  In  the  people  of  the  State  of  Uuh  as  hereinafter  stated : 

The  legal  voters  or  such  fractional  part  thereof  of  the  State  of  Utah,  as 
may  be  provided  by  law,  under  such  conditions  and  in  such  manner  and 
within  such  time  as  may  be  provided  by  law,  may  initiate  any  desired  leg- 
islation and  cause  the  same  to  be  submitted  to  a  vote  of  the  people  for 
approval  or  rejection,  or  may  require  any  law  passed  by  the  legislature 
(except  those  laws  passed  by  a  two  thirds  vote  of  the  members  elected  to 
each  house  of  the  legislature)  to  be  submitted  to  the  voters  of  the  State 
before  such  law  shall  take  effect 

The  legal  voters,  or  such  fractional  part  thereof,  as  may  be  provided  by 
law,  of  any  legal  subdivision  of  the  State,  under  such  conditions  and  in 
such  manner  and  within  such  time  as  may  be  provided  by  law,  may  initiate 
any  desired  legislation  and  cause  the  same  to  be  submitted  to  a  vote  of 
the  people  of  said  legal  subdivision  for  approval  or  rejection,  or  may  re- 
quire any  law  or  ordinance  passed  by  the  law-making  body  of  said  legal 
subdivision  to  be  submitted  to  the  voters  thereof  before  such  law  or  ordi- 
nance shall  take  effect  [Amendment  adopted  Nov.  6, 1900.] 

Section  22.  Enaeting  Clause.  Passage  and  amendments  of  law.  The 
enacting  clause  of  every  law  shall  be,  "  Be  it  enacted  by  the  Legislature  of 
the  State  of  Utah."  Except  such  laws  as  may  be  passed  by  the  vote  of 
the  electors  as  provided  in  subdivision  2,  section  1  of  this  article,  and  such 
laws  shall  begin  as  follows  :  "  Be  it  enacted  by  the  people  of  the  State  of 
Utah."  No  bill  or  joint  resolution  shall  be  passed,  except  with  the  assent 
of  the  majority  of  all  the  members  elected  to  each  house  of  the  legisla- 
ture, and  after  it  has  been  read  three  times.  The  Vote  upon  the  final 
passage  of  all  bills  shall  be  by  yeas  and  nays ;  and  no  law  shall  be  revised 
or  amended  by  reference  to  its  title  only  ;  but  the  act  as  revised,  or  sec- 
tion as  amended,  shall  be  re-enacted  and  published  at  length.  [Amend- 
ment adopted  Nov.  6,  1900.] 

193 


194  CONSTITUTION   OF  UT.\H 

ARTICLE  X 

Section  6.  Separate  control  of  city  schools.  In  cities  of  the  first  and 
second  class  the  pubHc  school  system  shall  be  controlled  by  the  Board  of 
Education  of  such  cities,  separate  and  apart  from  the  counties  in  which 
said  cities  are  located.     [Amendment  adopted  Nov.  6,  1900.] 

ARTICLE   XIII 

Section  3.  Legislature  to  prox'ide  uniform  tax.  Exemptions.  The  Leg- 
islature shall  provide  by  law  a  uniform  and  equal  rate  of  assessment  and 
taxation  on  all  property  in  the  State,  according  to  its  value  in  money,  and 
shall  prescribe  by  general  law  such  regulations  as  shall  secure  a  just  valu- 
ation for  taxation  of  all  property,  so  that  every  person  and  corporation 
shall  pay  a  tax  in  proportion  to  the  value  of  his,  her  or  its  property :  pro- 
vided that  a  deduction  of  debits  from  credits  may  be  authorized  :  Provided 
further,  that  the  property  of  the  United  States,  of  the  State,  counties, 
cities,  towns,  school  districts,  municipal  corporations  and  public  libraries, 
lots  with  the  buildings  thereon  used  exclusively  for  either  religious  wor- 
ship or  charitable  purposes,  and  places  of  burial  not  held  or  used  for  pri- 
vate or  corporate  benefit,  shall  be  exempt  from  taxation.  Ditches,  canals, 
reservoirs,  pipes  and  flumes  owned  and  used  by  individuals  or  corpora- 
tions for  irrigating  lands  owned  by  such  individuals  or  corporations,  or 
the  individual  members  thereof,  shall  not  be  separately  taxed  so  long  as 
they  shall  be  owned  and  used  exclusively  for  such  purpose.  Provided 
further,  that  the  taxes  of  the  indigent  poor  may  be  remitted  or  abated  at 
such  time  and  in  such  manner  as  may  be  provided  by  law.  [Amendment 
adopted  Nov.  6,  1900.] 

ARTICLE   X 

Section  2.  Public  school  system.  Maintenance.  The  public  school  sys- 
tem shall  include  kindergarten  schools,  common  schools,  consisting  of 
primary  and  grammar  grades.  High  Schools,  an  Agricultural  College,  a 
University,  and  such  other  schools  as  the  Legislature  may  estabHsh.  The 
common  schools  shall  be  free.  The  other  departments  of  the  system 
shall  be  supported  as  provided  by  law.  Provided,  that  High  Schools  may 
be  maintained  free  in  all  cities  of  the  first  and  second  class  now  constitut- 
ing school  districts,  and  in  such  other  cities  and  districts  as  may  be 
designated  by  the  Legislature.  But  where  the  proportion  of  school  mon- 
ies apportioned  or  accruing  to  any  city  or  district  shall  not  be  sufficient  to 


AMENDMENTS  195 

maintain  all  the  free  schools  in  such  city  or  district,  the  High  School  shall 
be  supported  by  local  taxation,  Provided,  That  when  any  cities  or  districts 
shall  establish  High  Schools,  the  Legislature  may  authorize  the  use  of 
State  school  funds  to  assist  in  supporting  such  schools,  said  funds  being 
apportioned  to  the  cities  or  districts  concerned,  by  the  State  Board  of 
Education.     [The  above  amendment  was  adopted  Nov.  6,  1906.] 

Amendment  to  Section  2  of  Article  X 

Section  2.  Defining  what  shall  constitute  the  public  school  system.  The 
public  school  system  shall  include  kindergarten  schools  ;  common  schools, 
consisting  of  primary  and  grammar  grades  ;  high  schools,  an  agricultural 
college  ;  a  university ;  and  such  other  schools  as  the  legislature  may 
establish.  The  common  schools  shall  be  free.  The  other  departments  of 
the  system  shall  be  supported  as  provided  by  law.  (Amendment  adopted 
November  8th,  1910.) 

ARTICLE   XIII 

Sections.  Legislature  to  prm'ide  unifi>rm  tax.  Exemptions.  The  Legis- 
lature shall  provide  by  law  a  uniform  and  equal  rate  of  assessment  and  taxa- 
tion on  all  property  in  the  State,  according  to  its  value  in  money,  and  shall 
prescribe  by  general  law  such  regulations  as  shall  secure  a  just  valuation 
for  taxation  of  all  property,  so  that  every  person  and  corporation  shall  pay  a 
tax  in  proportion  to  the  value  of  his,  her  or  its  property ;  Provided,  that  a 
deduction  of  debits  from  credits  may  be  authorized :  Provided  further, 
that  the  property  of  the  United  States,  of  the  State,  counties,  cities,  towns, 
school  districts,  municipal  corporations  and  public  libraries,  lots  with  the 
buildings  thereon  used  exclusively  for  either  religious  worship  or  charitable 
purposes,  and  places  of  burial  not  held  or  used  for  private  or  corporate 
benefit,  shall  be  exempt  from  taxation.  Ditches,  canals,  reservoirs,  pipes 
and  flumes  owned  and  used  by  individuals  or  corporations  for  irrigating 
lands  owned  by  such  individuals  or  corporations,  or  the  individual  mem- 
bers thereof,  shall  not  be  separately  taxed  as  long  as  they  shall  be  owned 
and  used  exclusively  for  such  purpose :  Provided  further,  that  mortgages 
upon  both  real  and  personal  property  shall  be  exempt  from  taxation : 
Provided  further,  that  the  taxes  of  the  indigent  poor  may  be  remitted  or 
abated  at  such  time  and  in  such  manner  as  may  be  provided  by  law.  [The 
above  amendment  was  adopted  Nov.  6th,  1906.] 

Section  12.  Stamp^  income^  license  or  franchise  tax  permissible.  Nothing 
in  this  Constitution  shall  be  construed  to  prevent  the  Legislature  from 


196  CONSTITUTION  OF  UTAH 

providing  a  stamp  tax,  or  a  tax  based  on  income,  occupation,  licenses  or 
franchises.     [The  above  Amendment  was  adopted  Nov.  6th,  1906.] 

Sec.  4.  Taxation  of  mines  and  mining  property.  All  mines  and  mining 
claims,  both  placer  and  rock  in  place,  containing  or  bearing  gold,  silver, 
copper,  lead,  coal  or  other  valuable  mineral  deposits,  after  purchase 
thereof  from  the  United  States,  shall  be  taxed  at  the  price  paid  the  United 
States  therefor,  unless  the  surface  ground,  or  some  part  thereof,  of  such 
mine  or  claim,  is  used  for  other  than  mining  purposes,  and  has  a  separate 
and  independent  value  for  such  other  purposes ;  in  which  case  said  sur- 
face ground,  or  any  part  thereof,  so  used  for  other  than  mining  purposes, 
shall  be  taxed  at  its  value  for  such  other  purposes,  as  provided  by  law ; 
and  all  the  machinery  used  in  mining,  and  all  property  and  surface  im- 
provements upon  or  appurtenant  to  mines  and  mining  claims,  which  have 
a  value  separate  and  independent  of  all  such  mines  or  mining  claims  and 
the  net  annual  proceeds  of  all  mines  and  mining  claims,  shall  be  taxed  by 
the  State  Board  of  Equalization.     [Amendment  adopted  Nov.  3rd,  1908.] 


INDEX 


Abiquiu,  3. 

Accountancy,  Board  of,  73. 
Adjutant,  General,  67. 
Administrative  Offices,  54. 
Agricultural    College,    120,    lai,    136, 

130. 
American  Fork  River,  6. 
Ashley,  William  A.,  12. 
Attorney,  District,  61. 
Attorney,  General,  56. 
Auditor,  55. 

Babbitt,  A.  W..  28. 
Ballot,  I4J- 
Bank  Examiner,  67. 
Bear  River,  11,  17. 
Bee  Inspector,  98. 
Bill.  47. 

Board  of  Accountancy,  73. 
Board  of  County  Commissioners.  So. 
Board  of  Education,  133. 
Board  of  Examiners,  77. 
Board  of  Health,  78. 
Board  of  Pardons,  41,  81. 
Board  of    Veterinary   Medical  Exami- 
ners,  83. 


Bonneville,  Captain, 
Bridger,  James,  1 1 . 


IS. 


Calientes,  Aguas,  5. 
California,  29. 
Capitol,  80. 
Cardenas,  3. 
Cases  in  Court,  62. 
Charles  V,  24. 
Chemist,  State,  68. 
Cibola,  2,  3,  10. 
Citi2enship,  41. 
City  Auditor,  1 10. 
City  Commissioners,  ioq. 
City  Engineer,  114. 
City  Government,  105. 


City  Treasurer,  112. 

Classification  of  Counties,  87. 

Cleveland,  Grover,  30. 

Coal  Mine  Inspector,  69. 

Comanches,  7. 

Commander  in  chief,  67. 

Committees,  47,  140. 

Compensation,  46. 

Conference  Committee,  49. 

Constable,  loi. 

Constitutional  Convention,  30. 

Conventions,  138. 

Coronado,  a. 

Council  of  the  Indies,  24. 

County  Assessor,  94. 

County  Attorney,  94. 

County  Auditor,  92. 

County  Board  of  Health,  95. 

County  Clerk,  92. 

County  Government,  85. 

County  Recorder,  93. 

County  Road  Commissioner,  97. 

County  Superintendent,  95,  123. 

County  Surveyor,  94. 

County  Treasurer,  91. 

Court,  District,  60. 

Court,  Juvenile,  61. 

Court,  Supreme,  58,  59. 

Court  of  Audience,  24. 

Crimes,  63. 

Cuitza  Punimchi,  7. 

Dairy  and  Food  Commissioner,  69. 

Deaf  and  Blind,  School  for,  128,  130. 

De  Smet,  Father,  11,  16. 

De  Tabor,  Pedro,  2. 

De  Vaca,  Cabeza,  2. 

Dental  and  Medical  Board,  75. 

Deseret,  28,  30. 

Dominguez,  3,  10. 

Donner's  Trail,  18,  22. 

Duchesne  Fork,  4, 


197 


198 


INDEX 


Education,  117. 

Education,  Board  of,  123. 

Education,  State  Board  of,  75. 

Elections,  141. 

Emigration,  18. 

Emigration,  Commissioner  of,  72. 

Emigration  Canon,  19. 

Enabling  Act,  31. 

Engineer,  70. 

Engrossment,  49. 

Equalization,  County  Board  of,  76. 

Escalante,  3,  4. 

Executive,  52. 

Executive  Department,  52. 

Felonies,  63. 

Ferdinand,  24. 

Fire  Chief,  114. 

Fire  Department,  114. 

Fish  and  Game  Warden,  71. 

Fort  Ashley,  13. 

Fort  Bridger,  18,  22. 

Fort  Laramie,  21. 

Fremont,  John,  18,  19. 

Government,  Federal,  32. 
Government  of  Utah,  36. 
Governor,  27,  53,  54. 
Governor's  Staff,  67. 
Grand  Jury,  65. 
Great  Salt  Lake,  11,  18,  19. 
Green  River,  4. 
Guadalupe  Hidalgo,  26. 

Hastings,  18. 
Health,  Board  of,  78. 
Health  Department,  115. 
Henry,  Major  Andrew,  12. 
High  Schools,  122. 
Horticulture  Inspector,  97. 
House  of  Representatives,  27. 
Hudson  Bay  Co.,  14. 
Hung  jury,  64. 

Impeachment,  44. 
Industrial  School,  78,  147. 
Initiative,  48. 
Insanity,  Board  of,  78. 
Insurance,  72. 

Jury,  64. 

Jury,  Grand,  65. 

Justice  of  Peace,  loi. 


Labor,  Board  of,  78. 
Land  of  Seven  Cities,  i,  2. 
Legislative  Department,  43. 
Library,  76. 
Licenses,  90. 
Licenses  of  Death,  92. 
Live  Stock,  69. 
Loan  Conunissioners,  80. 
Local  Government,  100. 
Log-rolling,  51. 

Marriage  Licenses,  92. 

Marshal  and  Police,  113. 

Mauvaise  Gauche,  12. 

Mayor,  107. 

Measurements  of  Land,  103.  104. 

Medical  Examiners,  Board  of,  80. 

Mendoza,  2. 

Mental  Hospital,  133. 

Misdemeanors,  64, 

Monterey,  16. 

Moqui,  3. 

Moqui  Indians,  3. 

Mormons,  17. 

Northwest  Fur  Co.,  14. 
Notaries  Public,  81. 

Ogden,  Peter  Skeen,  14. 
Ogden  City,  14. 
Optometry,  Board  of,  81. 
Oregon  Trail,  22. 

Padilla,  2. 

Paua  Guampors,  8. 

Panchu  Cumquibiran,  7. 

Pardons,  Board  of,  54,  81. 

Park  Commissioners,  82. 

Pharmacy,  State  Board  of,  82. 

Pioneers,  21. 

PoUtical  Parties,  135. 

Pratt,  Orson,  22,  23. 

Preamble,  36. 

Precinct  Government,  100. 

President  of  Senate,  44,  46. 

Primaries,  iii,  138-140. 

Prison,  133. 

Privileges,  46, 

Provo  River,  6,  12. 

Provot,  12. 

Provot's  Hole,  13. 


INDEX 


199 


Quorum,  45. 

Records,  47. 

Registrar  of  Births  and  Deaths,  102. 

Registration,  141. 

Representatives,  House  of,  44- 

Road  Commissioner,  97. 

Road,  State  Commission,  82. 

Roads,  83. 

Rocky  Mountain  Fur  Co.,  1 2. 

Sabueganas,  7. 

Salaries  of  County  Officials.  88. 

San  Nicholas  River,  5. 

Santa  Fe,  3.  5- 

School  Funds,  iiq. 

School  Trustees,  124. 

Secretary  of  Sute,  55. 

Senate.  43. 

Serra,  Junipero.  3. 

Sevier  Lake.  8. 

Sewers  and  SaniUtioo.  1 15. 

Sheep  Commissioners,  83. 

SheriCF,  91. 

Sidewalks,  129. 

Smith,  J.  S.,  15. 

Snow.  Erast\^  22. 

Spanish  Colonial  Government,  24. 

Spanish  Governor,  25. 

Speaker,  46. 

State  Government,  a. 

Superintendent  of  Public  Instruction.  57. 

Supervisor  of  Board,  loi. 

Supreme  Court,  27. 


Taxation,  129. 
Taylor,  2^chary,  28. 
Tejos,  2. 

Territorial  Government,  25. 
Territory  of  Utah,  1849,  28. 
Territory  of  Utah,  29, 
Timpanogas,  Lake  of,  8. 
Timpanogas,  Land  of.  4,  8. 
Town,  104. 
Town  Board,  105. 
Townshend.  21. 
Township.  103. 
Treasurer  of  State,  56. 
Trial.  62-65. 
Turu.  7. 
Tuscaymn,  3. 

Uinta.  4. 

University  of  Utah,  xa6,  lay,  iy>. 

Utah  Valley,  74. 

Veterinarian,  7a. 
Veto,  50. 
Voters,  141. 
Voting,  41. 

Water  Works.  114. 
Wolfskin.  William.  15. 

Young,  Brigham,  22,  29. 
Vutaa,  3.  S. 

Zuni.  2.  10. 


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"'^6  18  1936 

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